Τhe First Instance Court of Athens recently issued its decision on a dispute between the Greek company, PAPADOPOULOU S.A., and Mondelēz Hellas S.A., member of Mondelēz Group. PAPADOPOULOU S.A. had filed an action claiming that its domestic word trademark “TWIST PAPADOPOULOU”, which is registered for products in classes 29 and 30, was infringed by the sign “TRIDENT TWIST” which is placed on the package of certain gum products that Mondelēz Hellas distributes in the territory of Greece. More specifically, PAPADOPOULOU S.A. claimed that its trademark is a well known one and thus the use of the word “TWIST” on the Mondelēz products takes unfair advantage or is detrimental to the repute of its trademark. Alternatively that due to the similarities between the said marks, there is a likelihood of confusion including likelihood of association. Souriadakis Tsibris acted for Mondelēz Hellas and successfully defended its position, since the Single Member Court of Athens ruled that a) PAPADOPOULOU S.A.’s trademark cannot be considered as ‘well-known’ and b) that the differences between this mark and the one of Mondelēz were so significant that no average observant consumer would confuse them, since the overall aural impression of the trademark is different, Greek consumers are familiar with several food, confectionery or beverage products sold under a trademark consisting of or containing the word “TWIST”, the products cover different needs of the consumers and the raw materials and the manufacturing procedure of these products are different. Moreover, the court determined there is lack of any likelihood of association of the two companies. PAPADOPOULOU S.A. did not appeal the decision of the Court of First Instance and thus it became final, while Mondelēz was able to register in Greece the word trademark “TRIDENT TWIST” for gum products (class 30).
Souriadakis Tsibris win intellectual property case
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