Many businesses are attracting increasing traffic to their
websites by purchasing "keywords" from Google or other
internet search engines. The idea is that when an internet user
uses the keyword to do a Google search, the outcome is a page of
"natural" results together with any "sponsored
links" which appear prominently at the top. These sponsored
links are links to websites of those businesses which have
purchased the relevant keywords, e.g. a tools manufacturer would
buy 'tool' as a keyword.
The point is intended to be that the advertiser chooses keywords
which relate to its business. Problems have arisen – and
continue to arise – where advertisers have paid Google
for keywords which consist of other (often directly competing)
businesses' names and/or trade marks, thereby diverting users
from a competitor's website. For example, in December last
year, Interflora sued M&S in the High Court for purchasing the
word 'Interflora' as a keyword. Interflora says that
M&S
