Fullwood Mark Invalidation for Abuse of Rights

The plaintiff sought the transfer or invalidation of a mark registration, asserting the defendant's registration of "Fullwood" was an abuse of rights because the mark was identical to the plaintiff's notoriously known mark, used in Switzerland for the same goods (milking machines) since 1975. The court concluded that the defendant, who clearly knew of the plaintiff's long-standing use and association with the mark through former employment with related entities, had no legitimate purpose for the registration; instead, the act aimed solely to exploit a formal legal advantage to hinder the established rights holder and monetize the situation, thus constituting an abuse of rights under Art. 2 para. 2 of the Civil Code, leading to the invalidation of the registration.