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A mixed bouquet for Marks & Spencer in Europe as the Advocate General gives his opinion on keyword advertising in Interflora
  • Herbert Smith Freehills LLP
  • European Union
  • March 24 2011

In Interflora v Marks & Spencer, the Advocate General today agreed that advertisers should be able to "bid" on competitors' famous trade marks in search engine keyword advertising in order to present themselves as a commercial alternative, without being found unlawfully to have taken unfair advantage of the reputation of those competitors.

Darren Meale
  • Herbert Smith Freehills LLP