The retailer has been buying advertising space on Google Adwords that means a link to its web site appears above that of Interflora when users search for 'Interflora'. But the ruling means it will be prohibited from doing so in future.
A judge in the High Court in London ruled in favour of Interflora and its UK subsidiary when it said that the use of the Interflora name alongside Marks & Spencer's name in Google advertising would leave internet browsers confused. He said the arrangement did not allow 'reasonably well informed and reasonably attentive internet users to ascertain whether the service referred to in the advertisements' originated from Interflora or Marks & Spencer.
'On the contrary, as at 6 May 2008, a significant proportion of the consumers who searched for 'Interflora' and the other signs and then clicked on Marks & Spencer's advertisements displayed in reponse to those searches, were led to believe, incorrectly, that Marks & Spencer's flower delivery service was part of the Interflora network,' the ruling said.
Last night, www.marksandspencer.com/flowers was listed third of three results in the yellow-highlighted sponsored link at the top of a Google search for 'Interflora' - after interflora.co.uk and interfloraflowers.com.
UK president of Interflora Rhys Hughes said: 'This ruling helps ensure that, when consumers search on the internet for Interflora, they can be confident in knowing that the flowers brought online come from a member of the Interflora network. Keyword advertising is a very powerful tool and so it is vital for consumer protection that internet search results take consumers directly to the brands they are looking for. The Interflora brand stands for quality and service - a reputation we have been building with our network of independent florists since 1923.'
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