Keyword search advertising has become an essential marketing
tool for many companies. Google's 'AdWords' service
operates it as follows: Internet users search the web using
particular words (keywords); the search results page displays a
list of websites best corresponding to the keywords and separately,
on the side, some sponsored links. Advertisers can select one or
more keywords in response to a search for which their sponsored
link will appear. But are advertisers free to choose any keywords?
The European Court of Justice gave its guidance in its recent case
of Interflora v Marks & Spencer [2012] E.T.M.R. 1.
Case facts
Interflora operates a worldwide flower-delivery network and
registered its name as a trade mark. Using AdWords, M&S
selected the word 'Interflora' and some of its variations
as keywords. Consequently, when Internet users searched the web for
'Interflora', an advertisement of M&S's flower
delivery service appeared besides the search results under
