Online trademark infringement, which includes domain names, websites, online auction platforms and keywords, has seen a significant spike in recent years and presents unique challenges to trademark owners and government authorities around the world. Clark Lackert of our Intellectual Property group discusses how to protect your trademarks in our electronic-driven world in his recent article titled, Counterfeits and Infringements Online – A Global Overview of Liability, published in the World Trademark Review (www.worldtrademarkreview.com) by The IP Media Group.
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At the end of last month, the long-awaited judgment in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising was delivered by Mr Justice Arnold. The case dates back to 2008, when Interflora brought a case against Marks and Spencer for its purchase and use of the search terms “interflora”

Using another’s trademark as a keyword for online search marketing purposes is a murky area of law. Is this trademark infringement? Is this a permissible action? Although one may assume that these questions are two sides of the same coin, in reality they are not. The case law on this issue – especially those cases