The thorny issue of keyword advertising: Interflora and M&S dispute set for retrial

Last year, we brought you news of Interflora’s victory against Marks & Spencer (“M&S”) in a keyword advertising dispute where M&S were found liable for trade mark infringement by the UK High Court. In a dramatic turn of events, the Court of Appeal has overturned the original decision and ordered a retrial by the High Court on the basis that the trial judge made a number of core legal errors in reaching his decision. Background…