Questione giuridica chiave
Whether the defendants had passive standing despite invoicing through T. SA
Decisione estratta
Yes. The cantonal court could attribute the conduct to the defendants; they had participated in the allegedly unlawful market conduct and could be sued.
Motivazione estratta
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.