May 2009 – Interflora’s court case against M&S is to be referred to the European Court of Justice. Interflora launched proceedings against M&S in December 2008 to stop M&S bidding on its protected ‘INTERFLORA’ trade mark as an AdWord on the Google search engine. Interflora’s case against Flowers Direct, brought at the same time, has been settled, with Flowers Direct agreeing to stop bidding on INTERFLORA’s brand for the time being.
The High Court in London has decided that the law is not settled on whether brand bidding on a competitor’s brand in this way lawful and has decided to refer certain questions to the European Court of Justice for determination. This clearly goes against M&S’s position that the practice is “not unlawful”.
In his judgment, Mr Justice Arnold comments that Google’s decision to operate a different policy in the UK and Ireland to that in the rest of Europe is “fairly remarkable given that the relevant law is, or should be, essentially the same throughout Europe.” Prior to May 2008, Google’s policy throughout the whole of Europe was to allow trade mark owners to object to the use of their marks in this way by competitors. This changed in the UK and Ireland in May 2008 but it is still the position in mainland Europe.
Michael Barringer, Interflora Marketing Director comments: “We welcome the Judge’s decision to refer our case to the European court. We are confident that the court will rule in our favour and find that the practice of competitors taking advantage of established brands to promote their business in this way is unlawful.”
About Interflora
In addition to an extensive range of flowers for all occasions, including roses for the ultimate romantic gesture, Interflora offers a bespoke Designed to Order service for all those unique occasions when a standard gift just won’t do.
At Interflora, an expert florist will hand design your gift, personally delivering your message whatever the occasion.
Interflora is a floral relay company with around 1,800 Member florists in the UK & Ireland and over 60,000 Members worldwide.
Interflora British Unit
Interflora House
Watergate
Sleaford
Lincolnshire
England
NG34 7TB
Ph: 0870 904 5459
Email: [email protected]
website: www.interflora.co.uk
