New decision of the EU General Court on Internet keyword advertising

The EU General Court, issuing a decision in the proceeding No. C-323/09 between Interflora Inc. and Marks & Spencer, has ruled that a trademark owner has the right, subject to certain conditions, to prohibit third parties from advertising through an Internet keyword identical to that trademark for covering products identical to those for which the trademark has been registered, if such use affects one of the functions of trademarks: - source of origin; - communication and advertising; - investment, when such use substantially affects the use of the trademark by the trademark holder in order to increase or maintain its reputation.

10/24/2011 | Trade Mark