The European Court of Justice issued judgment in the long running Interflora v M&S AdWord case on 22 September last largely leaving it up to the referring UK High Court to determine whether M&S's use of Interflora's trade mark in the context of online advertising:
- adversely affects the trademark's indication of origin, advertising and investment functions; and
- has a detrimental effect on or takes unfair advantage of the distinctive character or reputation of the trade mark.
