Overview

The Court of Justice of the European Union recently handed down its judgment on the long-running saga of Interflora v Marks & Spencer plc. However, both parties were not much clearer on how Google AdWords should be considered in an intellectual property context.

Following a reference from the High Court of Justice, the CJEU has given guidance as to whether M&S' selection of the word “Interflora” as a Google AdWord for a sponsored link that did not itself display the word “Interflora” could constitute trade mark infringement. The case will now refer back to the High Court for Mr Justice Arnold to interpret the CJEU’s guidance.

In looking at the case's background, facts and decision, this briefing also outlines how the concepts of 'advertising function' and 'investment function' were used to determine the case's outcome. Click 'View Briefing' to learn more.