1. The term "
Swiss Army" currently is a registered
trademark owned by
Victorinox AG and its subsidiary, Wenger SA, in most nations.
2. "Trade Dress" protection:
"On Tuesday, September 19th,
Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court of Appeals for the 2nd Circuit,
which affirmed in part a judgment in a trademark case filed in the
Southern District of New York.
The 2nd Circuit’s decision upholds a $1.75 million judgment entered in district court against Dallas, TX-based e-commerce company
B&F System over the sale of red-handled, multi-functional pocket knives that infringed upon Victorinox’s registered trademark.
Victorinox first filed its complaint in this case back in June 2013 a few months after the Swiss company discovered that B&F was making and importing a knife product branded as 'Royal Crest,' which infringed upon Victorinox’s trademark. Victorinox owns
U.S. Trademark Registration No. 3546920, which covers the use of red handles applied to the outside portion of multifunction pocket knives. Victorinox was alerted to the importation of the 'Royal Crest' knives by
U.S. Customs in March 2013 and the company alleged that the knockoff knives copy the dimensions, contours and tool placements of the genuine Swiss army knives manufactured in Switzerland, 'including the placement of a white toothpick and metal tweezers in the knife body and a provision of an attachment ring.' The infringing knives also included a cross and shield located in an area on the handles which is similar to the genuine Swiss army knife design.
The appeal to the 2nd Circuit comes after a couple of judgments entered in the district court which found in favor of Victorinox. An order filed in March 2014 dismissed a motion for summary judgment from B&F for unfair competition and cancellation of the ‘920 trademark. That same order granted Victorinox’s summary judgment for violations of both the
Lanham Act as well as common law. Another order filed in June 2015 found that the Victorinox trademark was valid and that B&F had no equitable defense in the case because B&F could not prove that it had clean hands. 'Even viewing the evidence in the light most favorable to defendants, the conclusion that defendants intentionally infringed plaintiffs’ trademark and trade dress is inescapable,' the order reads."
3. "Swiss Law" stops at the Swiss border. Inside Switzerland, the Swiss Army asserts the exclusive right to "Swiss Army," but allows Vicorinox to use it, which amounts to a license under international trademark law. Others not licensed, cannot use the mark in Switzerland, and you use it at your peril in the countries where Victorinox owns the mark.
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