Interflora deliver a lawsuit against Marks & Spencer for allegedly using their brand name to boost Google ads…

The UK cut flower market is worth more than £2 billion a year. It’s very big business and, for Interflora, it is their business. They are one of the most recognised companies in the world and they have spent millions cultivating their brand. So it’s understandable that they would be more than a little unhappy if Marks & Spencer are using their name as one of their own keywords to boost their ads ranking.

But this is nothing new. Piggy-backing on a competitor’s brand and reputation has gone on for centuries. It’s why Italian restaurants are next door to each other, why cars all look the same and why we have Pepsi and Coke! The difference, in this instance, is that one company has used the trademarked name of another company for their own purpose. Would it be allowed on a TV commercial or print ad and why should it be allowed on a search engine? Or is it just the same as placing an advert on a billboard on the opposite side of the road to a competitor? Companies have always fought to get themselves in front of their customers and Google is just another way of doing that – it’s the newest form of advertising.

So we await the Judge’s verdict with interest in what could be a landmark decision for Search Engine Advertising which could affect thousands of existing Google advertisements. But, as always in these cases, by taking legal action against M&S Interflora have given their competitor even more publicity.