In January had Nespresso and Nestlé the St. Gallen Commercial Court to prohibit Denner from selling its Nespresso-compatible capsules as a precautionary measure. The Commercial Court rejected this in Marchafter it had initially imposed a sales ban on Denner in a superprovisional manner. In addition, it allowed the company to include the words "Compatible with Nespresso machines" in small print in its advertising and on the packaging of its capsules. Nespresso and Nestlé appealed against the negative decision of the St. Gallen Commercial Court to the Federal Supreme Court, which will now rule on the case in a public hearing on 28 June. Nespresso and Nestlé are basing their request for action on trademark law and the Unfair Competition Act (UCA).
If the Federal Court rejects Nespresso's current complaint, Denner will be allowed to continue selling its capsules until a decision is reached on the main case. Denner has not yet been confronted with Nespresso's main complaint, as Denner spokeswoman Nicole Schöwel explained to the SDA news agency on Monday. At the beginning of the year, Nespresso also tried to obtain a precautionary sales ban against Denner for patent infringement at the Zurich Commercial Court. The request was also rejected.