Examples of using Interflora in English and their translations into Slovak
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Colloquial
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Official
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Medicine
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Financial
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Ecclesiastic
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Official/political
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Computer
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Programming
Interflora is a one stop place for flowers and gifts for your beloved ones.
At least it has not beenclaimed that Marks& Spencer is imitating Interflora in any manner.
Whether INTERFLORA has such a secondary meaning is up to the national court to decide.
This case was more complicated also because Interflora relied on a trademark with reputation.
INTERFLORA” is a national trademark in the United Kingdom and also a Community trademark.
Written observations were submitted by Interflora, Marks& Spencer, the Portuguese Republic and the Commission.
In other words,Marks& Spencer's flower-delivery ad would have to pretend to be an Interflora ad.
The Interflora network is made up of independent florists with whom orders may be placed in person or by telephone.
There is nothing in M&S's adverts to inform the user that theM&S service is not part of the Interflora network.
Based Interflora monitored Twitter for users who were having a bad day, and then sent them a free bouquet of flowers.
It is common ground that the ad displayed did not contain any expressions referring to Interflora chosen as keyword;
Interflora is also the proprietor of Community Trade Mark No 909838 INTERFLORA in respect of various goods and services in classes 16, 31, 35, 38, 39, 41 and 42.
Yet the choice of keywords in search engine advertising by Marks& Spencerimplies a marketing message that they offer an alternative to Interflora.
And Interflora British Unit and(ii) M& S, concerning the display on the internet of M& S advertisements based on keywords corresponding to the trade mark INTERFLORA.
I recall that according to the Google France andGoogle case-law the selection of keywords under these circumstances represents use of Interflora's trade mark in relation to Marks& Spencer's goods and services.
Interflora has become synonymous with a concept that once would have been impossible to believe- that within a day a beautiful bouquet or gift can be personally delivered with style across the world.'.
To my mind the display of the ad as a consequence of typing‘interflora' into a search engine creates in the context of this case an association that Marks& Spencer is part of the Interflora network.
Interflora also has websites that enable orders to be placed via the internet, those orders then being fulfilled by the network member closest to the place where the flowers are to be delivered.
However, the fact that some internet users may have had difficultygrasping that M&S' services were independent from Interflora was not a sufficient basis for a finding that the origin-indicating function had been adversely affected.
However, Interflora also has websites that enable orders to be placed via the internet, orders which are fulfilled by the network member closest to the address to which the flowers are to be delivered.
The role of internet search engines in relation to intellectual property rights and jurisdiction of courts has also been addressed in the case-law of the Court in Google France and Google, Portakabin, L'Oréal and Others, Interflora and Interflora British Unit and Wintersteiger.
Interflora also has websites that enable orders to be placed via the internet, orders which are fulfilled by the network member closest to the address to which the flowers are to be delivered.
In this case Marks& Spencer endeavours to present itself as a commercial alternative to thosecustomers who are either searching for information about Interflora's services or about delivery services of flowers in general, remembering probably the best-known trade mark relating such services.
Interflora also has websites that enable orders to be placed via the internet, those orders then being fulfilled by the network member closest to the place where the flowers are to be delivered.
In its ads Marks& Spencer is neither comparing its goods and services with those of Interflora(‘our goods and services are better/cheaper than those by Interflora') nor presenting its goods as imitations or copies(‘… we are offering an Interflora type of service') or even expressly presenting them as alternatives‘Are you an Interflora customer?
Interflora contends that the keyword advertising by Marks& Spencer has considerably increased its own advertising costs because of the rise of the price per click charged by Google resulting from competition in relation to these AdWords.
After establishing these facts, Interflora brought an action against Marks& Spencer for infringement of its trade mark rights before the national court, which decided to stay the proceedings and refer a number of questions to the Court for a preliminary ruling.
Interflora claims that the choice as keywords of their trade mark and terms deviating from it only with small modifications by Marks& Spencer would imply a risk of dilution of the INTERFLORA trade mark and thus constitute blurring which they should be entitled to forbid under Article 5(2) of Directive 89/104.
The High Court of Justice(England Wales), Chancery Division, before which Interflora brought proceedings for trade mark infringement against M S, has referred questions to the Court of Justice on a number of issues concerning the use by a competitor, within an internet referencing service, of keywords identical to a trade mark, where consent has not been given by the trade mark proprietor1.
However, contrary to Interflora 's contention, the selection of a sign which is identical with or similar to a trade mark with a reputation as a keyword within an internet referencing service does not necessarily contribute to such a development.
