Abstract
Subject: Intellectual property, trade mark infringement, keyword advertising, unfair advantage, dilution, trade mark use.
Cases Interflora Inc. v. Marks & Spencer plc. Flowers Direct Online Limited (C-323/09) - Google France Sarl v. Louis Vuitton Malletier SA (C-236/08) - L’Oreal SA v. Bellure NV (C-486/07) Following the recent ECJ preliminary rulings in Interflora v. Marks & Spencer and Google France v. Louis Vuittion concerning keyword advertising the key issues of unfair advantage, trade mark use and parallel application of Article 5(1)(a) and 5(2) Directive 89/104/EEC have been re examined. It is necessary to examine these latter cases in relation to the impact that L’Oreal v. Bellure has had on the definition of what constitutes an unfair advantage.