Interflora v Marks & Spencer [2013] EWHC 273 (Ch)
The trial of this long-running dispute about the use of Interflora as a Google Adword by Marks & Spencer took place in April and judgment was handed down by Arnold J on 21 May 2013. Arnold J held that Marks & Spencer’s advertisements triggered in response to searches for Interflora did not enable reasonably well-informed and reasonably attentive internet users to ascertain whether the service referred to in the advertisements was offered as part of the Interflora network. Consequently, a significant proportion of consumers who searched for Interflora and then clicked on Marks & Spencer’s advertisements were led incorrectly to believe that Marks & Spencer’s delivery service was part of the Interflora network. As a result he held that Marks & Spencer had infringed Interflora’s trade marks.
This is now the leading case in theUKon the subject of trade mark infringement by competitive brand bidding in Google Adwords. There will be a further trial to determine the financial compensation to be paid by Marks & Spencer for their infringements which have continued since 2008.
Michael Silverleaf QC appeared successfully for Interflora.