The court had no trouble finding the VIAGRA brand famous. The mark ViaGuara was similar to VIAGRA and created an association that sought to profit from the appeal of the famous VIAGRA brand.

Lest you think the Swiss court was very slow, the judgment actually dates from 6 July 2010, but has only been published recently (in a legal newsletter only, so no public link possible). Judgments of Cantonal courts are, unfortunately, not systematically published in Switzerland (although the situation has improved recently as all courts are called upon to inform the IPO of such judgments to ensure that Switzerland complies with art. 63(1) TRIPS Agreement).