xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Intellectual Property Law Cases
Trademarks 2 Cases

Interflora v Marks and Spencers [2011] Case C-323/09

Country:
United Kingdom
By Oxbridge Law Team
Detriment to Dist...
Unfair Advantage

  • Google ran an ‘AdWords’ service, whereby economic operators could pay to have a link to their website com up in event that a certain keyword was entered into search bar. Under this service, advertiser could pay to have his advert featured more prominently upon search of keywords by paying a ‘maximum price per click’. 

  • Defendant, Marks and Spencer, paid to have a link to their flower delivery service come up when people entered term ‘Interflora’.

  • Claimant sued for infringement of its trademark. Relevant issues were whether Defendant’s actions constituted infringement under Article 5(2) of Trade Mark Directive.

  • Held:

Detriment to Distinctive Character

  • Use of sign identical/similar to an earlier trade mark is detrimental to distinctive character where it turns that mark into a generic term.

  • However use of sign identical/similar to trade mark in keyword search does not necessarily make that term generic

    • I.e. provided that average internet user looking at the advert realises that goods being advertised do not originate from trade mark owner, distinctiveness of trade mark has not been reduced

Unfair Advantage

Any comments or edits about this case?
Get in touch

Similar cases

L’Oreal v Ebay
Defendant (Ebay) purchased various keywords on Google AdWords which were identical to trade marks owned by C (L’Oreal) over its perfumes. Claimant alleged that Defendant had infringed Claimant’s trad...
Google France v Louis Vuitton
Claimant was French producer of high-quality goods. When consumers searched for term ‘Louis Vuitton’, this brought up advertisements for sites offering counterfeit versions of Louis Vuitton’s product...
Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd
Question was referred to ECJ whether section 5(2) also applied where the good in respect of which earlier and later mark are registered are not similar or identical  (despite the wording in Trade Mar...
Libertel Groep BV v Benelux-Merkenbureau
Claimant was a mobile phone company. Sought to register trade mark for colour orange in relation to certain telecommunication goods and services. Two issues in this case: Can a colour constitute a tr...
Newspaper Licensing Agency Ltd v Marks and Spencer Plc
Defendant, Marks and Spencer, obtained press cuttings of articles in which they were mentioned from an agency licensed by Claimant. Defendant then made further copies of those cuttings for circulatio...

Related free notes samples

Trade Marks Notes
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In
Trademarks Infringement Notes
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In
Trademarks Relative Grounds For ...
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.