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Trade mark – Infringement. The activities of the defendant, Marks and Spencer plc, which gave rise to the proceedings concerned the display on the internet of their advertisements in response to the entry into the Google search engine by internet users of search terms consisting of or comprising the word 'interflora' or minor variants of it. The judge gave judgment for the claimants on their claim for infringement of their national and Community registered trade marks for the word 'interflora'. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, inter alia, that the judge had wrongly held that the onus lay on the third party advertiser to show that the use of the sign in context was sufficiently clear.
Trade mark – Infringement. The activities of the defendant, Marks and Spencer plc, which gave rise to the proceedings concerned the display on the internet of their advertisements in response to the entry into the Google search engine by internet users of search terms consisting of or comprising the word 'interflora' or minor variants of it. The judge gave judgment for the claimants on their claim for infringement of their national and Community registered trade marks for the word 'interflora'. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, inter alia, that the judge had wrongly held that the onus lay on the third party advertiser to show that the use of the sign in context was sufficiently clear.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
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The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Jemima Coleman and Zoë Leventhal KC on the evolving global movement seeking to reframe how we view nature: to recognise that nature possesses inherent rights and to enshrine these rights in law
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base