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Feb 17, 2014
Jim Dennis, Davenport Lyons, United Kingdom
Nadia Zegze, Davenport Lyons, United Kingdom
First published on www.davenportlyons.com and Mondaq

Flower Power: Interflora v Marks & Spencer


Jim Dennis, Davenport Lyons, United Kingdom, Nadia Zegze, Davenport Lyons, United Kingdom, First published on www.davenportlyons.com and MondaqIn the world of E-commerce, keeping up with the competition is key, especially when it comes to buying keywords containing competitors’ trade marks.
In a recent key decision, the High Court has ruled that the unauthorised use of third-party trademarks as advertising keywords on Google’s search engine (through Google AdWord services) may amount to trade mark infringement.

Following a change of policy at Google in 2008, Marks & Spencer (“M&S”) purchased a variety of keywords from Google containing the ‘INTERFLORA’ trade mark (“the Mark”) in order to increase their visibility on Google’s search engine. This meant when a user searched for the term ‘interflora’, the results would list the M&S flower delivery service as a sponsored link, which would be highlighted and listed above other genuine Interflora search results. Interflora, the world’s largest flower  read more