trademarks

Brand bidding on Adwords is ok, rules EU in Interflora vs M&S case

On the way into the office today I noticed a bunch of tweets along the lines of ‘Interflora wins EU PPC case vs M&S’. 

I have just read the ruling in full, and I don’t interpret it as a win at all, but there are some key takeaways that you need to be aware of if your brand is involved in bidding on competitor trademarks. 

ECJ: AdWords buy is trademark infringement

In 2009, the British High Court was asked to weigh in on the long-standing dispute between Interflora and Marks and Spencer, which centered on Marks and Spencer’s bidding on ‘Interflora‘ as a Google AdWords keyword. It referred the matter to the European Court of Justice (ECJ).

The Advocate General ECJ has finally answered: Marks and Spencer violated Interflora’s trademark.