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Trademark functions and keyword advertising on the internet

Maria Barroso Gomes

09.01.2012

This White Paper analyses in detail the recent case of the Court of Justice of the European Union on the use of trademarks as keywords for online advertising (Case C-323/09 Interflora v Marks&Spencer).

As it previously mentioned in Aphaia's article, the Interflora v Marks&Spencer case went one step further in establishing that the use of keywords that are identical to protected trademarks can undermine the investment function of a reputed trademark, entitling the proprietor in question to take action against such use.

 
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