Questão jurídica principal
Whether the defendants had passive standing despite invoicing through T. SA
Decisão extraída
Yes. The cantonal court could attribute the conduct to the defendants; they had participated in the allegedly unlawful market conduct and could be sued.
Fundamentação extraída
Passive standing in unfair competition and IP matters belongs to anyone who behaves unfairly or participates in the infringement. The factual findings showed the defendants' personal involvement in cultivation and marketing, while T. SA merely handled invoicing.