Region: Greece

Spirits company successfully enjoins use of marks for clothes

In the long-running dispute between Bacardi & Company Limited and Greek company Michael Kleanthis & Sons OE, Bacardi has obtained an injunction preventing Kleanthis from using the MARTINI marks both online and offline. Among other things, the court recognised that the MARTINI marks are well known in Greece.

15 November 2010

Soft drink giant awarded moral damages for unauthorised parallel imports

The Piraeus Court of First Instance has granted The Coca-Cola Company's request for a permanent injunction against a parallel importer of Coca-Cola cans. The court also awarded moral damages to Coca-Cola, even though the products had not entered the Greek market, thus recognising that the attempt to commercialise unauthorised imports is, in itself, sufficient to harm the interests of the trademark owner.

20 October 2010

Domain name held to be misspelling of Google's trademark

The Hellenic Telecommunications and Post Commission has ordered the cancellation of the domain name 'groogle.gr', which had been registered by a Greek individual. The website attached to the domain name was remarkably similar to the well-known Google search engine. The commission relied on decisions of the WIPO Arbitration and Mediation Centre in similar cases in order to reach a decision.

04 October 2010

Major US film company obtains cancellation of '.gr' domain name

The Greek Telecommunications and Post Commission has upheld Twentieth Century Fox Film Corporation's action for the cancellation of the domain name 'fox.gr', which was registered 10 years ago. The commission agreed with Twentieth Century Fox that the domain name had been applied for and was being used in bad faith by the registrant.

07 September 2010

Marks held to be confusingly similar due to dominant element 'W'

The Three-Member Administrative Court of First Instance of Athens has upheld an opposition against the registration of the trademark YOUR W WEDDING for magazines on the grounds that there was a likelihood of confusion with the earlier trademark W for similar goods. Among other things, the court concluded that the letter 'W' was the dominant feature of the mark applied for.

24 June 2010

Supreme Court applies ‘subjective’ bad-faith test in cancellation action

The Supreme Court has dismissed an action for the cancellation of the trademark LEONARD on the grounds that the petitioner had failed to prove that the application for the registration of the mark had been filed in bad faith. Among other things, the court held that, in cancellation actions, the petitioner must prove the applicant's bad-faith intent.

22 June 2010

Hefty fine imposed on committee for failure to act diligently

The Athens Administrative Court of First Instance has imposed a significant fine on the Competition Committee for failing to act within a reasonable time in a case involving the well-known Nescafé brand. The decision highlights the potential liability of independent administrative authorities in Greece and their duty to act diligently.

01 April 2010

Unauthorized use of mark by second-hand dealer held to be infringing

The Athens Court of Appeal has granted Caterpillar Inc's request for a permanent injunction against a leading trader of second-hand Caterpillar machinery in Greece. Among other things, the court held that the unauthorized use of a label bearing the trader's name together with the CAT mark took unfair advantage of the reputation of the mark.

29 March 2010

Importance of careful examination of composite marks highlighted

In <i>Ferrero v Athinaiki Oikogeneiaki Artopoiia</i>, the Athens Administrative Court of Appeal has set aside a decision of the Administrative Court of First Instance and rejected the application for the registration of the composite mark FERRO for goods in Class 30. The Court of Appeal concluded that there was a likelihood of confusion between FERRO and various composite FERRERO marks for similar goods.

24 February 2010

Court finds likelihood of confusion between similar marks in different classes

The Athens Administrative Court of Appeal has quashed a decision of the Athens Administrative Court of First Instance in which the latter had held that there was no risk of confusion between the mark KINDER EUKAL for goods in Classes 5 and Ferrero SpA's KINDER marks for goods in Class 30.

18 February 2010

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