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On 22nd September 2011 the Court of Justice of the EU reached its long awaited decision in the Interflora v Marks & Spencer case. Interflora sued M&S for buying “Interflora-themed” Google Adwords (see previous blog entry entitled “Trademark Hijackings” on the use of Trade Marks as Search/Adwords terms) such that when customers searched “interflora” they would bring up M&S as well as Interflora sites.
The question is whether this breaches a Trade Mark?
The Court reiterated the need for balance between the protection afforded to TMs with a reputation and fair competition in the sector for the goods and services for which such marks are registered. It has held that this is not necessarily a breach of TM as it depends on whether customers are confused and follows an earlier decision in Google.
An article on the case is at:
The CJEU press release on the decision is at http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-09/cp110097en.pdf
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If you require legal assistance in TM or IP issues, please don’t hesitate to contact us on the above numbers or [email protected].
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Gregory Abrams Davidson Solicitors and GAD Commercial are trading names of National Law Partners Limited, registered in England and Wales under number 08312439 and are Authorised and Regulated by the Solicitors Regulation Authority, under number 646548. Gregory Abrams Davidson Solicitors registered office: 20-24 Mathew Street, Liverpool, L2 6RE. VAT Registration Number: 290 6677 68.