Interflora Inc & Anor v Marks and Spencer Plc & Anor

Interflora Inc & Anor v Marks and Spencer Plc & Anor

Questions 1-4 of the reference to the Court of Justice are maintained for further clarification, particularly regarding the scope of trade mark functions affected by keyword advertising, while questions 5-10 are withdrawn as the Google France judgment clarifies that search engine operators do not 'use' the sign for...

Source-derived case information.

Parties
Claimant: Interflora, Inc.; Claimant: Interflora British Unit; Defendant: Marks and Spencer PLC; Defendant: Flowers Direct Online Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Trade Mark Infringement / Ruling on Reference to Court of Justice for Preliminary Ruling
Outcome
Partial withdrawal and maintenance of reference for preliminary ruling
Legal Topics
Trade Mark Infringement, Keyword Advertising, Preliminary Reference, Functions of Trade Mark, Accessory Liability
Intellectual Property European Union Law Trade Mark Infringement Keyword Advertising Preliminary Reference Functions of Trade Mark Accessory Liability

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Summary, issues, holding and outcome

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Parties

Interflora, Inc.

Claimant

Interflora British Unit

Claimant

Marks and Spencer PLC

Defendant

Flowers Direct Online Limited

Defendant

Procedural Posture

Trade Mark Infringement / Ruling on Reference to Court of Justice for Preliminary Ruling

Legal Issues

  1. 1 Whether acts relating to keyword advertising constitute 'use' of a sign under Article 5(1)(a) of the Trade Marks Directive and Article 9(1)(a) of the CTM Regulation
  2. 2 Whether such use is 'in relation to' goods and services identical to those for which the trade mark is registered
  3. 3 Scope of liability under Article 5(1)(a) and Article 5(2) of the Trade Marks Directive

Ratio Decidendi

Questions 1-4 of the reference to the Court of Justice are maintained for further clarification, particularly regarding the scope of trade mark functions affected by keyword advertising, while questions 5-10 are withdrawn as the Google France judgment clarifies that search engine operators do not 'use' the sign for purposes of trade mark infringement.

Court Disposition

Partial withdrawal and maintenance of reference for preliminary ruling

Orders

  • Questions 5-10 of the reference are withdrawn.
  • Questions 1-4 are maintained, with clarification to question 3(b) as specified.