CJEU Issues Its Decision In The Interflora -v- Marks & Spencer Case

The CJEU has reiterated its previously expressed view that the actual bidding on a third party's trade mark as a "keyword", may amount to trade mark infringement, if the advertisement featured in the Adword/Sponsored Link section "does not enable reasonably well-informed and reasonably observant internet users, or enables them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originate from the proprietor of the trade mark or an undertaking economically connected to it or, on the contrary, originate from a third party".

As long as the wording in the advertisement itself does not obscure the origin of the goods or services, then there should be no infringement.