Question juridique clé
Whether the revision request based on alleged new facts and evidence under Art. 385 CP was admissible and well-founded.
Solution extraite
The alleged foreign trademark registrations did not constitute a serious new fact capable of changing the conviction or sentence in a way favorable to the appellant.
Motifs extraits
Under the territoriality principle, trademark rights acquired abroad do not confer rights in Switzerland. The complainants had valid Swiss registrations and were entitled to lodge a criminal complaint. The new elements therefore lacked legal relevance for revision.