Greece: Economic crisis can influence judges’ decisions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Greece: Economic crisis can influence judges’ decisions

A recent judgment of the multi-member Specialist IP Court of Athens has ruled – by a 2-1 majority of its members – that there is a likelihood of consumers being confused in a trade mark infringement case, but the economic crisis in Greece resulted in an interesting dissenting opinion. In the case in question, the plaintiff US Company, E Entertainment Television LLC, argued that it broadcast the world-famous news channel "E" in Greece, among other countries, and that it is available through a subscriber platform. It is also the owner of the relevant European and national trade marks E! and E Entertainment Television.

The defendants broadcast in Greece through a digital channel, and internationally through an internet TV channel using live streaming technology under the distinctive element E and E International, and are also the owners of the national trade mark E-Channel.

The majority judgment ruled that there is a strong visual, phonetic and conceptual similarity between E! and E, since they are both single-letter indications in capital letters, and have the same meaning, while the differences between them, arising from identifying elements (the addition of an exclamation mark in the former, the existence of a device and a colour mark in the latter), means that they are not identical, but are still similar.

Moreover, as regards the users of the two television services, the judgment ruled that the television audience is the same, notwithstanding the fact that the defendant's TV channel is a free-reception channel with a Greek language schedule of broad content, compared to the plaintiff's channel, which is accessible through subscriber digital platforms and has a pure entertainment schedule in the English language with Greek subtitles.

However, in a dissenting opinion, one judge argued that the trade marks are visually, phonetically and conceptually different. Moreover, the opinion distinguishes between TV audiences with and without access to subscriber digital platforms, which, at a cost of more than €50 per month, are seen as a luxury in view of the economic crisis affecting Greece.

On this basis, the dissenting opinion argued that there is no likelihood of confusion, because the television services under the mark E! provide an English-language schedule with Greek subtitles whose content is limited to the lifestyle of foreign celebrities, accessible only through subscriber platforms to approximately 670,000 consumers, while the services under the element E are exclusively provided in Greek, are of a wider content and are available to all 7 million Greek viewers.

This dissenting opinion indicates that the economic crisis in Greece can affect judges' decisions.

Maria Kilimiris

Patrinos & Kilimiris

7, Hatziyianni Mexi Str.

GR-11528 Athens

Greece

Tel: +30210 7222906, 7222050

Fax: +30210 7222889

info@patrinoskilimiris.com

www.patrinoskilimiris.com


more from across site and SHARED ros bottom lb

More from across our site

In an exclusive interview, Rouse CEO Luke Minford, Arnold & Siedsma managing partner Steve Duxbury, and Wrays executive chairman Gary Cox discuss plans to build the world’s first ‘truly integrated’ global IP services business
Benjamin Grzimek, partner at Casalonga’s new Düsseldorf office, believes the firm is well-placed to challenge German UPC dominance
A lot of the reporting around the Anthropic settlement misses something critical: it isn’t that relevant to AI training, argues Rebecca Newman at Addleshaw Goddard
Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Gift this article