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- Title
Court of Appeal quashes creative interpretations of Article 5(1)(a) and remits Interflora for retrial.
- Authors
Fhima, Ilanah
- Abstract
The article discusses the 2014 court case Interflora Inc. and Interflora British Unit v. Marks and Spencer PLC, which concerns trademark infringement. Topics discussed include the Court of Appeal remitting the case to the British High Court for retrial based on the erroneous interpretation of the law by the first instance judge, the Court of Appeal's consideration of burden of proof and initial interest confusion and the implication of the case for online advertising and online trademarks.
- Subjects
TRADEMARK lawsuits; INTERFLORA Inc.; MARKS &; Spencer PLC; TRADEMARK confusion; TRADEMARK laws; ACTIONS &; defenses (Law)
- Publication
Journal of Intellectual Property Law & Practice, 2015, Vol 10, Issue 6, p401
- ISSN
1747-1532
- Publication type
Article
- DOI
10.1093/jiplp/jpv062