Interflora v Marks & Spencer: All Still to Play For or a Win for Interflora?

The Court of Justice claims to have clarified the scope of trade mark protection in the EU but has left the High Court to determine, inter alia, whether the use by Marks & Spencer within Google’s referencing service of keywords corresponding to the trade mark of its competitor Interflora undermined any of the ‘functions’ of that trade mark and whether it was ‘free-riding’….

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Walking Away Revisited

Paul Gershlick and Simon Weinberg consider the High Court judgment in AstraZeneca v Albermarle, which considered deliberate breach of unprofitable contracts and looked hard at NetTV v MARHedge. The judgment also touches on the right of first refusal and whether rights are waived while negotiating following material breach and is an example of a very narrow interpretation of a limit on liability clause….

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