The Law Blog

This is a case first reported last December and most people probably thought it would be settled out of court as is normally the case in these situations. However according to a post on the Interflora blog the issue has been referred to the European court.

According to the lawsuit M&S is bidding on the “interflora” keyword using Google AdWords (you can see this in action here and on the screenshot below).

According to the lawsuit, “when a user enters the search term INTERFLORA or similar into the Google search engine, it is the intention of that user to look for [Interflora or its associates].”

The case argues that sections 10(1) and 10(3) of the Trade Marks Act 1994 are being breached by M&S and Flowers Direct.

Section 10(1) is breached by making use of a sign which is identical to another’s trade mark, in the course of trade, in relation to goods or services identical to those for which the trade mark is registered.

Section 10(3) is breached by making use of a sign which is identical or similar to another’s trade mark, and where the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the reputes of the trade mark.

Interflora says the defendants’ use is detrimental to Interflora’s trade mark “because there will be a blurring or dilution that will lessen the capability of the Trade Marks to distinguish [Interflora] and its goods and or services from those of others.”

The judge in the case Mr Justice Arnold has apparently commented that Google’s decision to operate a different policy in the UK and Ireland to that in the rest of Europe is “fairly remarkable given that the relevant law is, or should be, essentially the same throughout Europe.”

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