It was widely reported in the online advertising press yesterday within the UK that Interflora were looking to take strong legal action to protect their brand over keyword bidding by the retailer M&S on the Goggle AdWords platform.
A bemused M&S found the action a little heavy and stated that they were doing nothing wrong and their actions fell well within the boundaries of the AdWords protocol and rules.
The key thrust of Interflora’s argument is that while M&S may be acting within Google’s AdWords rules, they may be breaching actual copyright law.
Marketing director of Interflora UK, Michael Barringer, spoke with OUT-LAW.com to say;
“The Interflora brand is extremely valuable and we will not tolerate competitors taking advantage of it and infringing our right.
“Throughout its history, Interflora has been forced to use legal means to prevent infringement of its valuable trade marks. This action represents only the beginning of a broader strategy to defend the Interflora mark against infringers.”
This legal action could have other ramifications on how company bid on competitors keywords as well as how they react when being bid against.
Google changed its policy on companies being allowed to bid on their rivals’ trademarks back in May 2008 – the result also had a positive effect on the search giants share price. The change in May allows advertisers to bid on any brand names, but prevents them from using a rival’s trademark in the text of the ad that appears in the sponsored search advertisement.



Recent Comments