Interflora brings action over Google keywords
In August, Google changed its policy on keyword advertising.
Under the new Google policy, trade mark owners can no longer prevent another party from sponsoring its trade mark(s) as a keyword in order to trigger search engine advertisements.
Interflora has filed a trade mark infringement claim against Marks & Spencer over their sponsorship of the word “Interflora” as a keyword.
The claim accuses Marks & Spencer and Flowers Direct Online (as second defendant) of bidding for the words “Interflora”, together with misspellings of this name.
Interflora claims that both sections 10(1) and 10(3) of the Trade Marks Act 1994 are being breached by Marks & Spencer and Flowers Direct. These sections state as follows:
Section 10(1) – A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
Section 10(3) – A person infringes a registered trade mark if he uses in the course of trade, in relation to goods or services, a sign which –
- is identical with or similar to the trade mark,
- is used in relation to goods or services which are not similar to those for which the trade mark is registered,
where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
We will follow this case as it creates the opportunity to see how the English courts will apply trade mark laws to keyword advertising.
Consistent with our policy when giving comment and advice on a
non-specific basis, we cannot assume legal responsibility for the
accuracy of any particular statement. In the case of specific problems
we recommend that professional advice be sought.
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