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Nov 08, 2011
Nick Rose, Field Fisher Waterhouse LLP, UK
Rebecca Pakenham-Walsh, Field Fisher Waterhouse LLP, UK

Who will come up smelling of roses?


Nick Rose, Field Fisher Waterhouse LLP, UK, Rebecca Pakenham-Walsh, Field Fisher Waterhouse LLP, UKThe Court of Justice of the European Union (CJEU) delivered its eagerly awaited preliminary ruling on questions referred to it by the High Court in relation to the keyword advertising dispute between Interflora and Marks and Spencer (M&S).
This ruling is a welcome addition to the evolving body of European case law on this subject and provides further guidance on the use of a competitor’s brand name as a keyword to link to an advertisement for rival products and services.

The CJEU, however, did not provide any in depth commentary on the application of the ruling to the facts of the Interflora case so the parties continue to play a waiting game while the baton is passed back to the English High Court to decide which way the case should go. Background Google (not a party to this case) operates an internet search engine which generates substantial revenue through its ‘Google Adwords’ service. read more