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The internet keywords case Interflora v M&S has come full circle with the Court of Appeal (CA) referring it back to the High Court for a re-trial.
This saga began in 2008, when M&S purchased ad-words which resulted in its floristry ads being displayed when a user searched for ‘interflora’ on Google. Interflora alleged trade mark infringement. At trial, Arnold J agreed.
The CA has held that the trial judge made errors which may have affected his finely balanced decision that a significant proportion of consumers were confused when clicking on the ads. Most significantly, Arnold J erred in reversing the burden of proof requiring M&S to demonstrate its ads didn’t risk confusing consumers. Instead Interflora had to prove M&S’s ads did not enable internet users, or enabled them only with difficulty, to ascertain whether the flowers referred to came from its network.
The ‘initial interest confusion’ doctrine was also under fire. The CA viewed this description as a “potentially misleading gloss” on the established tests.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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