Interflora v Marks & Spencer: All Still to Play For or a Win for Interflora?

The Court of Justice claims to have clarified the scope of trade mark protection in the EU but has left the High Court to determine, inter alia, whether the use by Marks & Spencer within Google’s referencing service of keywords corresponding to the trade mark of its competitor Interflora undermined any of the ‘functions’ of that trade mark and whether it was ‘free-riding’….

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