Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Greece: Havaianas acknowledged as a famous mark

Under a recent judgement of the Specialized IP Civil Court the trade mark Havaianas was found to be a famous trade mark, which may enjoy broader protection provided by law for trade marks of such status.

More specifically, it was held that the infringement of well-known trade marks may be affirmed without recourse to likelihood of confusion. In this context, the Court found that the defendants tried to obtain unfair benefits from the appeal, reputation and prestige acquired by the claimants' famous trade mark, as well as to exploit without any costs and labour the claimants' long effort in the relevant course of business in order to develop and establish their repute.

Furthermore, the Court rejected the retailer/infringer's allegations about a supposedly very minor offering for sale of the infringing products as well as the wholesaler/infringer's allegations about manufacturing of very few infringing products, which were offered free of change, as samples.

This is because it was shown in evidence that the retailer purchased infringing items for two summer-season periods and also the wholesaler purchased a mould appropriate for manufacturing infringing items, which both indicate that their intention was the massive manufacturing, offering for sale and commercial exploitation of said infringing products and not just their sampling.

The Court adopted in its reasoning long and stable CJEU case law regarding trade marks with a well-known status.


Georgios Panagopoulos

Patrinos & Kilimiris7, Hatziyianni Mexi Str.GR-11528 AthensGreeceTel: +30210 7222906, 7222050Fax: +30210

more from across site and ros bottom lb

More from across our site

Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard
Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players
Members from both sides of the US House of Representatives wrote to USPTO director Kathi Vidal on Friday, March 24, expressing their concern about “patent thicketing.”
Charles Hoskin of Singaporean e-commerce platform Shopee, who made the jump from a luxury brand, says honest conversations and collaborations are key to combatting counterfeiting
Adam Williams speaks to Managing IP about the legacy of Brexit and why IP has sometimes got ‘lost in the noise’ at Westminster
Lawyers wish the latest manual had more details on Federal Circuit cases and that training materials for design patent examiners were online
Counsel are eying domestic industry, concurrent PTAB proceedings and heightened scrutiny of cases before institution
Jack Daniel’s has a good chance of winning its dispute over dog toys, but SCOTUS will still want to protect free speech, predict sources
AI users and lawyers discuss why the rulebook for registering AI-generated content may create problems and needs further work
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP