The WLR Daily case summaries
[2014] WLR (D) 473
TRADE MARK— Infringement— Burden of proof— Defendant paying search engine to advertise its flower delivery service through keyword advertising— — Advertising appearing in response to entry into search engine of search terms consisting of or comprising word protected by claimants’ trade marks— — Claimants alleging infringement of trade marks— — Whether reasonably well-informed Internet users able to ascertain whether goods or services advertised originating from trade mark proprietor— — Whether burden of proof lying on defendant to prove non-infringement— — Whether defendant using trade mark by using flower-related generic terms— — Trade Marks Act 1994, s 10(1)(2)— — Council Directive 89/104/EEC, art 5(1)(a)— — Council Regulation (EC) No 40/94, art 9(1)(a)