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

Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article