Critics of "big tobacco" had put up a satirical website mocking the sponsorship of the Swiss Indoors tennis tournament by Davidoff, pointing out that sport and smoking don't mix well  ("using tennis to sell death"). The URL for the website is davideathswissindoors.ch. The logo "Davideath Swiss Indoors" is a clear riff on the official Davidoff Swiss Indoors logo (both pictured above).

Unsurprisingly, Davidoff took offense and sought to obtain a preliminary injunction against further distribution of the disparaging material. And lost.

The court basically argued that the constitutional right to free speech extended to satirical, critical and offensive speech. Unfair competition law could not be used to enjoin criticism, even biting criticism, of (perceived) unethical practices by a trade mark owner (trade mark law did not apply because the site was not commercial in nature; however, the decision does not address this - it appears that Davidoff only relied on unfair competition law, probably anticipating the "non commercial use" defense).