Interflora Inc & Ors v Marks and Spencer Plc

Interflora Inc & Ors v Marks and Spencer Plc

The Court determined that the issues for retrial are limited to claims for infringement under section 10(1) of the Trade Marks Act 1994 and Article 9(1)(a) of the Community Trade Mark Regulation, and that the retrial must be before a different judge. Costs of appeals are to be set off and assessed, and M & S is entitled to repayment and a reasonable sum on account of costs.

Parties
Claimant/respondent: Interflora Inc; Claimant/respondent: Interflora British Unit; Defendant/appellant: Marks and Spencer plc
Jurisdiction
England and Wales
Judgment Date
12 November 2014
Procedural Posture
Civil Appeal / Judgment on Form of Order
Outcome
Order made in terms of draft order with modifications; issues remitted for retrial before a different judge; costs allocated as specified.
Legal Topics
Trade Mark Infringement, Community Trade Mark Regulation, Costs, Retrial
Intellectual Property Trade Marks Trade Mark Infringement Community Trade Mark Regulation Costs Retrial

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Parties

Interflora Inc

Claimant/respondent

Interflora British Unit

Claimant/respondent

Marks and Spencer plc

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Form of Order

Legal Issues

  1. 1 Whether an injunction should be granted pending retrial
  2. 2 Issues to be remitted for retrial
  3. 3 Identity of judge for retrial

Ratio Decidendi

The Court determined that the issues for retrial are limited to claims for infringement under section 10(1) of the Trade Marks Act 1994 and Article 9(1)(a) of the Community Trade Mark Regulation, and that the retrial must be before a different judge. Costs of appeals are to be set off and assessed, and M & S is entitled to repayment and a reasonable sum on account of costs.

Court Disposition

Order made in terms of draft order with modifications; issues remitted for retrial before a different judge; costs allocated as specified.

Orders

  • Order in terms of paragraphs 1 to 3 of draft order.
  • Order in terms of paragraph 4 without prejudice to any application for injunction by Interflora.