Questione giuridica chiave
Whether the defendant's logo unlawfully reproduced the plaintiff's copyrighted drawing
Decisione estratta
Yes. The logo was found to be a virtually identical reproduction, mirrored by an effect of reflection, and thus an unlawful use of the work.
Motivazione estratta
The cantonal findings of plagiarism were binding; the plaintiff's drawing had sufficient individuality and had been publicly accessible since 1988, while the designer admitted consulting Graphis and acknowledged the similarity.