Interflora Inc & Anor v Marks and Spencer Plc & Anor
[2013] EWHC 1291 (Ch)
On 21 May, Mr Justice Arnold handed down a lengthy judgment in
the long running action between Interflora and M&S. This
dispute had been running since 2008 after M&S purchased several
keywords from the Google AdWords service (including
"Interflora") that read onto Interflora's registered
trade marks (UK Trade Mark No. 1329840 INTERFLORA and CTM No 909838
INTERFLORA). This purchase followed Google changing their policy in
relation to keywords and trade marks, in the UK, whereby it ceased
blocking the purchase of keywords after receipt of a notification
that such a word had been registered as a trade mark.
M&S used such keywords in conjunction with advertisements
for its own flower business. After a reference to the CJEU, interim
hearings regarding the admissibility of evidence obtained from
so-called witness gathering exercises and two associated appeals to
the Court of Appeal, the judge
