Greece: Havaianas acknowledged as a famous mark
Managing IP is part of the Delinian Group, Delinian Limited, 4 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

Sources debate the implications of an opinion by Delaware’s chief judge Colm Connolly that lambasted the NPE IP Edge
Five partners reveal how delays in examining trademark applications are affecting their advice to clients and how they pitch new 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
Partners at Quinn Emanuel explain how walkie-talkie and real-estate analogies helped them win over a jury at the Eastern District of Texas
The heads of Malaysian firm HHQ’s new technology practice group say they can be frontline advisers on the intersection between AI, blockchain, and IP
Darren Jiron, Finnegan’s managing partner in London, discusses the firm’s growth plans and misconceptions about US firm culture
The EMEA region research cycle has commenced - do not miss this opportunity to nominate your work from 2023!
A former partner at Stroock & Stroock & Lavan, which voted to dissolve in October, has joined McCarter & English
As ChatGPT celebrates its first birthday, we are still grappling with a multitude of IP concerns
Sources say an official role at an IP industry body is great for generating business leads, but that shouldn’t be the only motivation behind taking on the responsibility