FRIDAY, 25 JULY 2008
How many shoe shops and sales make a reputation?
Spanish shoe-maker Camper SL has finally won an eight-year legal battle against local businessman Evaggelos Efst Episcopou's application to cancel the CAMBER trade mark (Council of State, Case 1555/2008, Appeal 3259/2006, April 14 2006). What is particularly interesting is that the Administrative Court of First Instance and the Administrative Court of Appeals both affirmed the initial decision that the existence of a network of 120 stores and annual sales between 75,000 and 100,000 pairs of shoes in Greece was insufficient to establish the reputation of the CAMPER trade mark at the time of Episcopou’s application. The Council of State however disagreed, adding that a likelihood of confusion between an earlier foreign mark and a national mark is sufficient to refuse the registration of, or cancel, the later mark, even if at the time of the Greek application the foreign entity’s goods were not marketed in Greece -- so long as the foreign entity’s goods were likely to become well-known in Greece [source: Eleni Lappa (Dr Helen G Papaconstantinou John V Filias & Associates, Athens), writing in World Trademark Report].
Posted by: Jeremy Phillips @ 09.49
Tags: evidence of reputation, Greece,