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Legal Briefing
Interflora’s Google AdWord case – a gift to internet keyword purchasers?
Practice Area: Product Liability and Labelling
Sector: Leisure, hotels and food
Jurisdiction: England & Wales
Published: 07 April 2011
Law Firm: Wragge & Co
Overview
The Advocate General of the Court of Justice of the European Union (CJEU) has given an opinion that suggests he thinks Marks & Spencer infringed Interflora's trade mark by using it as a Google AdWord. This was because Marks & Spencer's use had led the average consumer/internet user to associate the triggered sponsored result with the Interflora flower delivery network.
However, if this opinion is followed wholeheartedly by the CJEU it will not be welcomed by many trademark owners.
Wragge & Co reports on the risk of confusion and infringement and extended protection.
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