adidas obtains broad temporary disclosure order in trademark infringement dispute

A significant number of shoes bearing imitations of adidas’ three-stripe and trefoil marks were seized in the course of an ex officio police investigation at a warehouse located in downtown Athens. Parallel to the ongoing criminal proceedings, adidas initiated interim relief proceedings against the wholesaler, seeking disclosure of the source of the counterfeit goods and the list of distributors. In doing so, adidas relied on the provisions of the new Trademarks Act (4072/2012) governing interim relief measures to preserve and disclose evidence, which were adopted in implementation of Articles 6 to 9 of the IP Rights Enforcement Directive (2004/48/EC).   

The president of the First Instance Civil Court of Athens satisfied adidas’ request and issued a temporary disclosure order (TDO) ordering the wholesaler to notify adidas in writing of:

1. the full names and addresses of all manufacturers, suppliers, distributors, wholesalers and retailers of the suspected counterfeit shoes; and
2. the quantities ordered, produced, delivered and sold to date, as well as the price of each infringing item.

Additionally, the president ordered that a detailed inventory be made of all infringing items, as well as of any means used to materialise the infringement, such as packaging materials and tools, labelling machinery and transportation vehicles.

The TDO is one of the broadest ever issued by a Greek court in a trademark infringement case. It counts among the first TDOs issued in implementation of the relevant provisions of the new Trademarks Act, marking a very positive development towards a more efficient enforcement of trademark rights in Greece.     

Manos K Markakis, Dontas Law Offices, Athens