Single Judge First Instance Court of Athens (provisional measures) Νο 1208/2008 on the case: Panathinaikes Ekdoseis [Panathinaikos Editions] vs. Athinaiki Zythopoiia [Athens Brewery] (First Published on IPrights.gr)

Following the comparison between the trademarks of the newspaper issued by the plaintiff on the one hand and the indication “PRASINI” used by the defendant on the label of one of its products (beer), on the other, it has been presumed that the two figures are different and they do not present visual similarity. In fact, their coexistence cannot lead to confusion by the average consumer since these two figures refer to two entirely different products that aim entirely different target consumer groups. Moreover, no unfair behavior of the defendant has been established, since the indication “PRASINI” has been associated, in the average Greek consumer’s consciousness, with the defendant’s product under question well before the plaintiff’s registration of the trademarks.

Key-words: Trademark- Distinctive sign- indication on a product label- priority- risk of confusion- unfair competition- use of distinctive sign

Law provisions: Law No. 4072/2012 [Trademarks Act], art. 121, 122, 124, 125, 147, 150, 153∙ Law No. 146/1914 [Unfair Competition Act], art. 1, 13 para. 1 and 4., 14, 20 para. 1, 22.