Interflora faces fresh call to prove M&S keyword infringement

By Clare Jackman and Lale Kemal

As the Court of Appeal orders Interflora back to the High Court, there are fresh questions over keyword advertising and what exactly constitutes infringement

Interflora brought an action against Marks & Spencers (M&S) due to the retailer’s identical use of its well-known INTERFLORA UK and Community trademarks. The High Court previously ruled in favour of Interflora, but in November M&S appealed and the case has now been remitted back to the High Court.

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Issue 72