Marks & Spencer has lost its long-running dispute over the use of the Interflora trademark.
In the High Court this week, Mr Justice Arnold ruled in favour of Interflora Inc and Interflora British Unit, finding that M&S’s use of the term ‘Interflora’ as a Google AdWord to advertise its Flowers & Gifts website was a trademark infringement.
Under the terms of the judgement, the retailer can no longer bid on the trademarked term ‘Interflora’ on the Google AdWords programme. The case will return to court later this year to determine damages, with both parties given leave to appeal.
In his judgement Mr Justice Arnold said: ”The M&S advertisements which are the subject of Interflora’s claim did not enable reasonably well-informed and reasonably attentive internet users to ascertain whether the service referred to in the advertisements originated from [M&S or Interflora].
“On the contrary, as at 6 May 2008, a significant proportion of the consumers who searched for ‘Interflora’ and the other signs, and then clicked on M&S’s advertisements displayed in response to those searches, were led to believe, incorrectly, that M&S’s flower delivery service was part of theInterflora network.”
Rhys Hughes, president of Interflora British Unit, said he was pleased with the decision. “This ruling helps ensure that when consumers search on the internet for ‘Interflora’, they can be confident in knowing that the flowers bought online come from a member of the Interflora network. Keyword advertising is a very powerful tool and so it is vital for consumer protection that internet search results take consumers directly to the brands they are looking for. The Interflora brand stands for quality and service, a reputation we have been building, with our network of independent florists, since 1923.”
An M&S spokesperson concluded: “We are disappointed by today’s judgement. As we are considering our position and all the options available to us it would be inappropriate for us to comment any further at this stage.”
