Managing Intellectual Property

Marks & Spencer case leads to ECJ referral over AdWords

26 May 2009

James Nurton, London

The UK courts have joined their French, German, Austrian and Dutch counterparts in referring questions over the legality of Google’s AdWords programme to the European Court of Justice

The referral comes in a dispute between Interflora and Marks & Spencer, in which a judgment was given on Friday. Google is not a party to these proceedings.

Interflora complained that retailer Marks & Spencer, which also operates a flower delivery service, bought a large number of keywords in Google’s AdWords programme that were identical or similar to, or incorporated, its Interflora trade mark and domain name.

These included Interflora, Intaflora, Interflora Flowers, Interflora Online, Interflora UK and Inter Flora.

Each...



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