Greek court rules on trademark infringement in connection to UK-domiciled entities after Brexit

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greek court rules on trademark infringement in connection to UK-domiciled entities after Brexit

Sponsored by

patrinos-logo.png
amy-humphries-2m-sdj-agvs-unsplash.jpg

Evangelia Sioumala of Patrinos & Kilimiris looks at a recent judgment that examines the applicability of Regulations 1215/2012 and 2017/1001 when it comes to entities domiciliated in UK, following Brexit

The Athens Multi Bench Court of First Instance, Special Department of Commercial Law, recently had to deal with the question of whether it had jurisdiction to decide on a case concerning trademark infringement, where the defendant was an entity domiciliated in the UK.

The plaintiff was a Greek company and the owner of three trademarks (two national and one EUTM) which were alleged to be infringed in Greece. The main infringement action was filed on May 2 2019, while the case was heard on January 20 2021.  

Assessing the issue of the choice of jurisdiction in the above case, the court inevitably dealt with the relevant provisions of Regulations (EU) Nos. 2017/1001 and 1215/2012.

In this respect, the court stated that the provisions of the Regulations 1215/2012 and 2017/1001 are directly applicable to any action against UK domiciliaries until December 31 2020, that is the date of expiry of the transitional period after provided for under 2019/C 384 I/01.

Furthermore, it was held that the decisive factor to determine the applicability of the above-mentioned EU legislation in connection with a UK-based entity is the time, when the main infringement action was filed, whereas other factors, such as the hearing date or the day, when the judgment is to be delivered are not relevant in this respect.

In view of the above, the Greek court ruled that it was within its jurisdiction to try the case, regardless of the fact that the hearing took place on January 20 2021, i.e. after the expiry of the transitional period mentioned above, since the main action was filed on May 2 2019, i.e. before the expiry of the transitional period at issue.

 

Evangelia Sioumala

Associate, Patrinos & Kilimiris

E: esioumala@patrinoskilimiris.com

 

 

more from across site and SHARED ros bottom lb

More from across our site

Angela Oliver shares tips for preparing oral arguments, and reveals her passion for marine biology
The Getty Images v Stability AI case, which will hear untested points of law, is a reminder of the importance of the legal system and the excitement it can generate
Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Counsel say they will be monitoring issues such as the placement of house marks, and how Mondelēz demonstrates a likelihood of confusion in its dispute with Aldi
The EUIPO expanding its mediation services and a new Riyadh office for Simmons & Simmons were also among the top talking points this week
David Boundy explains why Pierson Ferdinand provides a platform that will allow him to use administrative law to address IP concerns
Developments included an anti-anti-suit injunction being granted for the first time, and the court clarifying that it can adjudicate over alleged infringements that occurred before June 2023
Griffith Hack’s Amanda Stark, one of our ‘Top 250 Women in IP’, explains how peer support from male colleagues is crucial, and reveals why the life sciences sector is thriving
The case, which could offer clarity on the training of AI models within the context of copyright law, will go to trial in the UK next week
CMS IndusLaw co-founder Suneeth Katarki says he plans to hire a patent team in India and argues that IP should play a major role within full-service firms
Gift this article