Search engines the winner in Interflora decision

In Interflora v Marks & Spencer (Case C-323/09), the European Court of Justice (ECJ) has held that a trademark owner is entitled to object to the use of its mark as a keyword if internet users cannot tell whether the goods originate from the trademark owner or a third party. However, the ECJ recognised that advertisers can legitimately present themselves as commercial alternatives to the trademark owner – a positive finding for online search engines.


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