Interflora Inc and Another v Marks and Spencer Plc: CA 5 Nov 2014

Interflora complaned that the defendant, in order to advertise its flower delivery service, had paid a third party search engine, usin the claimant’s trade marks to attract traffic.
Held: In such a claim, it was not enough to show use of the mark. A claimant had, in addition, to show that a reasonably informed user of the defendant’s web-site would also risk confusion that the defendant had some association with the claimant.

Patten, Kitchin LJJ, Sir Colin Rimer
[2014] EWCA Civ 1403, [2015] ETMR 5, [2014] WLR(D) 473
Bailii, WLRD
Council Directive 89/104/EEC
England and Wales

Intellectual Property

Updated: 23 December 2021; Ref: scu.538306