header-logo header-logo

09 January 2015
Issue: 7635 / Categories: Case law , Law digest , In Court
printer mail-detail

Trade mark

Interflora Inc and another v Marks and Spencer plc [2014] EWCA Civ 1403, [2014] All ER (D) 55 (Nov)

The activities of the defendant, Marks and Spencer plc, which gave rise to the proceedings concerned the display on the internet of their advertisements in response to the entry into the Google search engine by internet users of search terms consisting of or comprising the word “interflora” or minor variants of it. The judge gave judgment for the claimants on their claim for infringement of their national and Community registered trade marks for the word “interflora”. The Court of Appeal, Civil Division, in allowing the defendant’s appeal, held, inter alia, that the judge had wrongly held that the onus lay on the third party advertiser to show that the use of the sign in context was sufficiently clear. 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll