The Heraklion Trial Court acquitted two defendants, a 35-year-old Rhodite and a 33-year-old British woman, who had been accused of violating Law 4679/2020 on trademarks, due to the posting of an advertisement on the internet that displayed a foreign registered trademark. The court held that there was no evidence of fraud or of their participation in the act in question.
The case began in late 2020, when the owner of a mobile phone shop in Heraklion spotted a Facebook ad for a computer that used her company's logo and name. The post referred to a fake page called “Humac”, giving the impression that it was an official company activity. A police investigation traced the IP address to Rhodes, leading to the prosecution of the two then-husbands.
During the hearing, the defence - through its lawyer Mr. Moutafi - presented a full analysis of the case, noting that there was no intention of illegal use of the trademark or attempt to gain financial benefit. The 35-year-old explained that his wife had responded to an online advertisement for remote work and, within a few hours, received from third parties photographic material and texts for posting, without knowing that it was a fraud. When he became aware of the true nature of the «collaboration», he broke off all contact.
The electronic traces and the short time of communication confirmed that the posting was made without knowledge or intent to infringe the rights of third parties. The court concluded that it was not proven beyond reasonable doubt that the two defendants acted with common malice, as required by Article 45 of Law 4679/2020.
This decision underlines the importance of actual intent in proving trademark infringement: the mere technical linking of a post to an IP or ignorance as to the origin of content is not sufficient for criminal liability, as long as no conscious use of a foreign trademark is proven.
