Die Goodwillfunktion der Marke im schweizerischen Recht

The work addresses the question of whether and to what extent the established goodwill of a brand is legally protected. It examines whether a brand owner should be able to prohibit the use of their brand by third parties, even if this does not create a risk of confusion and does not impair the origin function of the protected brand. The prevailing doctrine in Switzerland traditionally limits legal protection for ordinary trademarks to the latter. The author considers this viewpoint outdated in light of recent developments both domestically and internationally. He advocates for a multifunctional protection concept that also safeguards the goodwill function and its sub-functions—namely, the quality, marketing, and investment functions—concerning all brands.