KUKUXUMUSU S.L. (Spanish Company) against Mrs. Theodora Riga
KUKUXUMUSU S.L. is a Spanish company which promotes and markets designs and drawings placed on different items, primarily on T-shirts and accessories. The company sells its products directly or through commercial agents under the company's supervision or via the Internet.
Mrs. Theodora Riga, a Greek business woman, in an attempt to take advantage of the popularity of KUKUXUMUSU designs and drawings among young Greek consumers and tourists, started the production of stamps with identical designs and drawings bearing the label "SUXUMUXU". In addition, she proceeded to file an application for trademark registration of the similar label "SUXUMUXU".
KUKUXUMUSU S.L. won favourable decisions in all the legal steps taken against the actions of Mrs. Theodora Riga.
KUKUXUMUSU S.L.'s petition for Security Measures, based on unfair competition and on violation of Intellectual Property, was approved through decision No. 6085/2004 of the Court of 1st Inst. of Athens.
KUKUXUMUSU S.L.'s Normal Action against Mrs. Theodora Riga, based on the above, was approved through decision No. 1266/2005 of the Court of 1st Inst. of Athens. With this decision, among other things, Mrs. Riga was ordered by the Court to stop circulating stamps with the copied drawings and designs as well as to stop using the word "SUXUMUXU".
The Appeal filed by Mrs. Theodora Riga against the above decision was rejected by the Court of Appeal of Athens through decision No. 6193/2006.
KUKUXUMUSU S.L.'s Opposition to the registration of the mark "SUXUMUXU" of Mrs. Theodora Riga was accepted by the Administrative Trademark Committee through decision No. 6354/2005.
The Recourse filed by Mrs. Theodora Riga against the above decision was rejected by the Administrative Court of 1st Inst. of Athens through decision No. 445/2012.