In a recently published judgment of the First Instance Court of Athens (2528/2009), in the context of an infringement action involving Community trade marks, the court did not quite follow the traditional approach to the concept of famous trade marks. In particular, it applied the classic test introduced by the Court of Justice in General Motors (C-375/1997) and consistently followed by community courts ever since. According to that test, a trade mark is deemed "famous", if is known to a substantial part of the relevant public. In contrast, Greek case law is generally not satisfied with that criterion but traditionally requires that the mark is well known to the general public, it presents some form [...]

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