European Court delivers more Google keywords guidance, but the key question remains: are these just M&S - or Interflora - flowers?
The European Court has delivered its judgment in the Interflora v. Marks & Spencer case. Following a series of earlier European Court decisions which broadly upheld the Google AdWords business model allowing advertisers to purchase someone else's brand name as a search engine term ("keyword"), and so appear in the top-ranked "sponsored links" in search results (alongside - or even instead of - the actual brand owner), the Court has given more guidance on the situations in which brand owners may nevertheless be entitled to stop this practice.
This case is therefore of potential relevance to any brand owner or advertiser that uses, or is concerned about the misuse of, keyword advertising. In terms of the practical implications of the Court's decision for everyday keyword advertising:
- The key question remains how the English High Court (which referred the case to the European Court for guidance) will now apply the decision to the specific facts of this dispute.
- This case is of particular potential relevance to: (a) brands for goods or services that are marketed through networks of suppliers; and (b) high-end or luxury brands that are used in keyword advertising for imitation products or services.
Lawyers Tom Carl
