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The Cantonal Court of Lucerne has delivered its verdict in the dispute between the Swiss discounter Otto against the German mail order giant, the Otto group. This turns out to be disadvantageous for Otto.
The dispute between Otto and Otto has been settled: the Cantonal Court of Lucerne rejects the appeal filed by the Swiss discounter against the German mail order group Otto. The merchant seller of Sursee LU wanted to prevent the German family name from coming to Switzerland with the domain Otto-Shop.ch.
Harald Gutschi (54), managing director of Unito, Otto's subsidiary, told BLICK: "Freedom is now left to Switzerland." The 15 points were passed.
Through the intermediary of its Austrian subsidiary Unito, Otto Group intends to go on the offensive in the second quarter of 2019 with the domain name Otto-Shop.ch on the Swiss market, a- he announced.
The verdict can be appealed to the Federal Court within 30 days. Mark Ineichen (47), the boss of Otto, announces therefore, when BLICK joins him on the phone: "We bring the case to the Federal Supreme Court". And: "Otto belongs to Switzerland, Otto to the rest of the world," says Ineichen.
A German mail order company wants to start in 2019
Remains to know if he can at least postpone the German offensive. "The cantonal court has overruled the precautionary ban issued against us," said Otto's director, Gutschi. It was good to be able to start soon.
In essence, the Swiss discounter had demanded that the German group Otto be banned from acting as a retail or mail order retailer in Switzerland under the labels Otto and Otto Versand. Then he wanted to forbid it to use a corresponding domain name with ".ch".
The cantonal court has now come to the conclusion that there is no danger at present for the defendant to enter the market in stationary trade, as it is written in the judgment. Therefore, a ban in this respect does not have any legal protection interest. In this regard, he did not respond to the action.
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