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Advertisers purchasing keywords

The IPA is today (29th May 2013) reminding advertisers to exercise caution when considering purchasing third party trade marks as key search terms. This follows the High Court delivering its decision on the Interflora v Marks and Spencer case.


One of the functions of a trade mark is to act as an indicator of where goods or services come from. If a company uses a third party’s trade mark in a manner that has an adverse effect on this “origin function", this may amount to trade mark infringement. The High Court found in this case, that M&S’s use of keywords amounted to trade mark infringement.

Read the full legal alert.

Last updated 29/05/2013

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