CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 29 APRIL 2010
Interflora v Marks & Spencer: not so many questions for the ECJ to answer
Back in November, Class 46 reported on the decision of the High Court for England and Wales in Interflora v Marks & Spencer. In this case, which involved the purchase by retail chain Marks & Spencer of an AdWord corresponding to the trade mark INTERFLORA, the judge (Mr Justice Arnold) referred a list of 10 questions to the Court of Justice of the European Union for a preliminary ruling. Now that the Court of Justice has given its ruling in the Google France case, the Registrar of the Court wrote to ask Mr Justice Arnold if he still wanted rulings on his questions and, if he did still want them answered, if he would clarify two of them.
Tags: Adwords, ECJ, reference for a preliminary ruling,
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Interflora v Marks & Spencer: not so many questions for the ECJ to answer
Back in November, Class 46 reported on the decision of the High Court for England and Wales in Interflora v Marks & Spencer. In this case, which involved the purchase by retail chain Marks & Spencer of an AdWord corresponding to the trade mark INTERFLORA, the judge (Mr Justice Arnold) referred a list of 10 questions to the Court of Justice of the European Union for a preliminary ruling. Now that the Court of Justice has given its ruling in the Google France case, the Registrar of the Court wrote to ask Mr Justice Arnold if he still wanted rulings on his questions and, if he did still want them answered, if he would clarify two of them.
In result of this request, Mr Justice Arnold has whittled down the number of questions from 10 to 4, and has clarified the scope of question three. You can read the decision here.
Posted by: Blog Administrator @ 22.49Tags: Adwords, ECJ, reference for a preliminary ruling,
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