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 2026

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

US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Gift this article