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Interflora - victory for trade mark owners on keyword advertising, but for how long?

Herbert Smith Freehills LLP
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United Kingdom
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May 23 2013

The use by Marks & Spencer ("M&S") of the keyword "Interflora" to trigger search results via Google AdWords for M&S's flower service, has been held

Second time unlucky for Interflora in the Court of Appeal

Herbert Smith Freehills LLP
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United Kingdom
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April 5 2013

The Court of Appeal today handed down judgment in the case of Interflora Inc. & others v Marks and Spencer PLC 2013 EWCA Civ 319, with Lewison LJ

Master of all you survey?

Herbert Smith Freehills LLP
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United Kingdom
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November 23 2012

How useful are surveys as evidence in trade mark infringement cases?

Consumer goods update October 2012

Herbert Smith Freehills LLP
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European Union, Indonesia, Myanmar, United Kingdom
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October 9 2012

Welcome to our consumer goods sector update a publication which highlights some key recent legal issues affecting consumer goods businesses

IP newsflash the pantone colour purple

Herbert Smith Freehills LLP
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United Kingdom
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October 8 2012

In an appeal by Nestlé against Cadbury's trade mark registration for the colour purple, the High Court has allowed the colour mark to remain on the Register but has restricted the specification to cover milk chocolate only, rather than allowing the wider "chocolate" which had previously been allowed by the Registrar in respect of the types of goods listed in the specification

NOW: this is what the Court of Appeal calls special grounds

Herbert Smith Freehills LLP
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United Kingdom
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September 17 2012

The Court of Appeal has upheld a stay of infringement proceedings awaiting the outcome of an invalidity application at OHIM in respect of the allegedly infringed trade mark whilst refusing the appeal for a stay of a separate set of infringement proceedings where invalidity proceedings had also been commenced at OHIM for the mark involved

Common sense prevails in Supreme Court ruling on parallel imports

Herbert Smith Freehills LLP
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United Kingdom
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June 28 2012

The Supreme Court found that the Defendant parallel importer was not entitled to rely on the so-called 'Euro-defences' or an abuse of rights defence in response to a trade mark infringement claim

General counsel update: 31 May 2012

Herbert Smith Freehills LLP
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Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
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May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

Consumer goods: update

Herbert Smith Freehills LLP
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China, European Union, Indonesia, Netherlands, United Kingdom
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February 29 2012

The Ministry of Commerce People’s Republic of China’s (“MOFCOM”) prohibition of CocaCola’s proposed acquisition of Huiyuan in 2009 generated significant controversy and prompted a fear that the Anti-Monopoly Law could be used to prevent foreign-multinational companies from acquiring well-known Chinese brands and businesses

Specs appeal - Court of Appeal finds for Specsavers and refers questions to the CJEU on impact of use of mark in particular colours

Herbert Smith Freehills LLP
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United Kingdom
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February 2 2012

This appeal follows the first instance decision in 2010, where Asda was found not to have infringed Specsavers' logo trade mark (shown below) but only its word mark through the use of the strapline "Be a real spec saver at Asda" in Asda's promotion of its in-store optician service

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Search results

Interflora - victory for trade mark owners on keyword advertising, but for how long?

Second time unlucky for Interflora in the Court of Appeal

Master of all you survey?

Consumer goods update October 2012

IP newsflash the pantone colour purple

NOW: this is what the Court of Appeal calls special grounds

Common sense prevails in Supreme Court ruling on parallel imports

General counsel update: 31 May 2012

Consumer goods: update

Specs appeal - Court of Appeal finds for Specsavers and refers questions to the CJEU on impact of use of mark in particular colours

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