Questione giuridica chiave
Whether the company’s trademark, domain names, and trade name were obtained in bad faith and therefore not protected under unfair competition law
Decisione estratta
The company acted in bad faith when adopting the sign 'xxx' and could not rely on its registrations or company name against the respondent.
Motivazione estratta
The court upheld the cantonal findings that the company knew the respondent’s prior use and sought to benefit from his reputation and risk of confusion. The bad-faith intent was supported by several indices and was not established arbitrarily.