Marks and Spencer’s use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High Court

May 24, 2013

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer1 on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer’s bidding on various INTERFLORA trade marks as Google AdWords amounts to infringement of Interflora’s rights in such trade marks. Accordingly, Marks and Spencer will be prevented from bidding on such trade marks as Google AdWords – a practice that, according to the judgment, drove significant volumes of internet traffic to its online M&S Flowers business.

This High Court judgment comes after the Court of Justice of the European Union’s (CJEU) September 2011 response to various questions concerning the interpretation of European trade mark law referred by Mr Justice Arnold after the original trial in 2009.

Read “Marks and Spencer’s use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High Court“.

1Interflora Inc and Interflora British Unit v Marks and Spencer plc and Flowers Direct Online Limited [2013] EWHC 1291 (Ch)