PRASINI [=Green] (Newspaper) vs. PRASINI (Beer)
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.
Related Rights: Food and beverages establishments dispensed from payment of fair remuneration to CMOs if the use of music is not necessary for attracting customers or broadening the customer base
Single Judge First Instance Court of Lamia
Decision n° 81/2015 on the case:
Greek Joint Collective Management Organisation of related rights vs. Food and beverages establishments
On the grounds of reciprocal representation agreements and Rome International Convention on related rights, Greek CMOs are entitled to negotiate, collect and distribute to foreign rightholders fair remuneration deriving from related rights for the use of any phonogram published in Greece within 30 days from its publication in any country. Food and beverages establishments in which music is useful for their operation are bound to the payment of such fair remuneration to CMOs. On the contrary, there is no obligation of payment of fair remuneration in the case of establishments where the use of music (in this case pastry shop and kebab shop) is not necessary for attracting customers or broadening the customer base and customers do not seem to be interested for music.
Key words: Related rights- Collecting Management Organisations- Rightholders- Representativity- foreign rightholders- national treatment- fair remuneration- public use- Food and beverages establishments- list of repertoire used.
Law provisions: Copyright Act (Law n° 2121/1993), art. 46 §1, 47 §2, 49§1, 3 and 6, 55§2, 54§4, 56§3, 57§1, 72 §3; Law n° 2054/1992 (ratification of International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of Rome (26 October 1961), art. 4, 5§2.
Court says no to websites blocking by ISPs on the ground of copyright infringement
Single Judge First Instance Court of Athens
Decision n° 13478/2014 on the case:
Greek Collective Management Organisations vs. Greek Internet Service Providers
The measure taken by Internet Service Providers consisting in the blocking the access of subscribers/users to websites, in order to repress illegal exploitation of copyrighted works, is not compatible with the constitutional principle of proportionality and with the constitutional right of participation in the information society, since it does not fulfill the specific criteria of necessity and adequacy for accomplishing even partially the said objective.
Key words: Illegal exploitation of protected works online- Responsibility of intermediaries- filtering- peer to peer network- right of participation in the information society- blocking of websites.
Law provisions: Presidential Decree n° 131/2003, art. 13, 14; Copyright Act (Law n° 2121/1993), art. 64 A; Constitution of Greece, art. 5a par. 2
See further:
Decision No 4658/2012 of the Single Judge First Instance Court of Athens (IIC, June 2013 Volume 44, Issue 4, pp. 468-471)
Decision No 10452/2015 of the Single Judge First Instance Court of Athens