Interflora hails EU legal ruling in keyword battle | Skrill Corporate

Interflora has praised a judgement by the Court of Justice of the European Union, concerning trademark keywords used by internet merchant account sites.

The florist sued Marks & Spencer for using its trademark Interflora name and logo as an internet search engine keyword to advertise M & S flowers. It claimed that this was detrimental to their brand image and could dilute the effects of its trademark branding.

Some instances fall "within the ambit of fair competition" and well-informed and observant internet consumers are unlikely to be confused by alternative sites or products, the European Court of Justice claimed afterwards.

It ruled that M & S would be allowed to continue using the brand's name in online advertisements for its products, so long as it does not cause adverse affects to the Interflora brand or its reputation.

Interflora has argued that this practice impinges on its own search engine optimisation results and could make it more difficult for it to attract online shopping users.

"People searching the internet for 'Interflora' want 'Interflora, the flower experts' and no-one else," claimed Michael Barringer, the florists marketing director.

"Our brand stands for quality and service and together with our network of independent florists, we have spent the last 80 years building this reputation. We are very proud of the Interflora brand and want to protect it for our customers, florists and the future," Mr Barringer explained.

The European Court of Justice has passed the case onwards to the High Court in the UK and said: "It is for the referring court to determine, in the light of the foregoing interpretative guidance, whether, on the particular facts of the dispute in the main proceedings, there is use of the sign without due cause which takes unfair advantage of the distinctive character of the repute of the trade mark Interflora."

Both M & S and Interflora have declared that they are happy with the court ruling and are keen to get the issue resolved.

Michael Barringer commented on the decision on the Interflora company blog, writing "this judgment backs all the hard work and effort we have put in to defending the Interflora brand".

The case was first brought to the UK High Court in 2009, as the florist claimed that it was unfair that M & S were using its trademark as an internet search engine keyword to advertise their own brand flowers.

Since it began, both sides have fought hard to argue that the law is on their side, in a case which has divided internet merchant account opinion.

Earlier last year the European Court of Justice dealt with a related case and ruled in favour of Google, after luxury brand Moet Hennessey Louis Vuitton claimed that the search engine's AdWords service undermines brands, Marketing Week reported recently.

The fashion designer also argued that Google's practice breaches European trademark law by allowing rival advertisers and brands to purchase trademarked keywords.
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Source: http://corporate.skrill.com/2011/09/interflora-hails-eu-legal-ruling-in-keyword-battle/2593/?utm_source=rss&utm_medium=rss&utm_campaign=interflora-hails-eu-legal-ruling-in-keyword-battle

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