Question juridique clé
Whether the mark RIESEN was a famous mark entitled to extended protection under Art. 15 MSchG
Solution extraite
No. The court held that the mark did not enjoy the broad public renown required for famous-mark protection.
Motifs extraits
The court emphasized that famous-mark status requires qualitative overragging market recognition and general esteem, not a merely quantitative survey result. On the findings, 46% awareness did not establish fame, especially given the survey method and the relaunch in 1999.