Interflora, Inc & Anor v Marks & Spencer Plc & Anor

Interflora, Inc & Anor v Marks & Spencer Plc & Anor

Given the complexity and novelty of the legal issues, and the real possibility that existing ECJ references will not resolve all relevant questions, the court determined that it is appropriate to refer questions to the ECJ for a preliminary ruling at this stage. An interim injunction restraining M & S from bidding on the Interflora Signs is not justified due to Interflora's delay in seeking such relief and its prior acceptance of the status quo.

Parties
Claimant: Interflora, Inc.; Claimant: Interflora British Unit; Defendant: Marks and Spencer plc; Defendant: Flowers Direct Online Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Intellectual Property Infringement / Interlocutory Application for Stay And/or Reference to ECJ
Outcome
Reference to the European Court of Justice for a preliminary ruling; application for interim injunction refused.
Legal Topics
Trade Mark Infringement, Keyword Advertising, Google Ad Words, Joint Tortfeasorship, Interim Injunctions, Reference for Preliminary Ruling, E Commerce Directive, Community Trade Mark Regulation
Intellectual Property European Union Law Civil Procedure Trade Mark Infringement Keyword Advertising Google Ad Words Joint Tortfeasorship Interim Injunctions +3 more

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Parties

Interflora, Inc.

Claimant

Interflora British Unit

Claimant

Marks and Spencer plc

Defendant

Flowers Direct Online Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Interlocutory Application for Stay And/or Reference to ECJ

Legal Issues

  1. 1 Whether the acts of the defendant in purchasing and using the claimant's trade marks as keywords in Google AdWords constitute trade mark infringement under UK and EU law
  2. 2 Whether the acts of Google, for which the defendant may be jointly liable, constitute trade mark infringement
  3. 3 Whether the E-Commerce Directive provides a defence to Google and/or the defendant

Ratio Decidendi

Given the complexity and novelty of the legal issues, and the real possibility that existing ECJ references will not resolve all relevant questions, the court determined that it is appropriate to refer questions to the ECJ for a preliminary ruling at this stage. An interim injunction restraining M & S from bidding on the Interflora Signs is not justified due to Interflora's delay in seeking such relief and its prior acceptance of the status quo.

Court Disposition

Reference to the European Court of Justice for a preliminary ruling; application for interim injunction refused.

Orders

  • Questions to be drafted and referred to the ECJ for a preliminary ruling.
  • No interim injunction restraining M & S from bidding on the Interflora Signs as keywords.