Understanding Trademark Infringement in the Digital Age

Navigating the Complexities of Trademark Law

Understanding Forms of Online Trademark Infringement

A new case has arisen that SMEs, including manufacturers, retailers, and suppliers, should pay attention to. It concerns how online trademark infringement occurs in keyword advertising, leading to significant financial and reputational damage online.

Interflora Inc. has sued Prestige Gifting Ltd., trading as Prestige Flowers, and two others in an ongoing Internet-related trademark infringement claim. The IPEC claim number is IP-2024-000140.

U.K. flower delivery company Interflora has accused its competitor Prestige Flowers of using Google’s keyword advertising scheme to redirect customers searching for “Interflora” bouquets, violating a decade-old agreement.

In a recently released claim dated 19 December 2024, Interflora informed the High Court that Prestige Gifting Ltd., operating as Prestige Flowers and under two others, damaged Interflora's reputation by paying for sponsored links that directed anyone searching for Interflora to the Prestige Flowers website. This is despite Interflora having committed in 2012 not to use the mark as a paid search term.

In summary, Interflora claims that despite wrongfully using the Interflora brand as a Google Ad Keyword, customers will not receive Interflora’s high standards of service, diminishing its reputation and goodwill for providing florist-fulfilled flower delivery services.

Interflora argues that the problem dates back to 2002. In 2012, it says, Interflora agreed not to sue Prestige Gifting as long as its rival stopped using the Interflora mark as a paid search term. Prestige Gifting, however, appears to have breached the deal in 2022.

The claim states that Interflora doesn't know the full nature and extent of the search term’s use but maintains that Prestige Gifting has used it to market its services on websites for Prestige Flowers, 123 Flowers, and Haute Flowers.

Interflora asserts in its claim that Managing Director Simon Crowther personally signed the 2012 undertaking on behalf of Prestige Gifting, making him liable for the company’s breaches.

Regardless, Crowther was aware of Interflora’s complaints and pre-action communications to Prestige Gifting, which, according to the claim, indicates that he must have known the company was breaching the agreement.

Interflora contends that Crowther persuaded Prestige Gifting to terminate the agreement, prompting the company to use the search term for financial gain.

According to the claim, Interflora has suffered a loss in flower sales due to Prestige Gifting’s actions, although it is unaware of the full extent of the financial damage.

The claim states that the loss affects Interflora’s reputation. It argues that the rival website appears and feels inferior to Interflora’s, and the rival’s flowers are not “florist-fulfilled,” indicating that they do not use high-quality local florists.

This is an interesting case for PAIL Solicitors, and we will closely monitor its development. Stay tuned for updates.

Different Ways Trademark Infringement Can Happen Online

Trademark infringement online can occur in several ways, including:

Trademark infringement in virtual worlds and social media networks: Using trademarks in virtual worlds and social network
Using brand names as keywords: Using trademarks as keywords in search engines
Cybersquatting: Registering a domain name that closely resembles an established trademark to benefit from the resulting confusion
Brand name impersonation: involves creating fraudulent websites or social media accounts that imitate legitimate brands to deceive customers

Steps to Take Against Trademark Infringement in Ads

The Role of Lawyers in Trademark Protection Strategies

Conclusion: Safeguarding Your Brand with Expert Legal Support

Protecting your brand requires proactive legal measures. Expert online trademark infringement lawyers can assist in this process.

Here are some steps that you can take.

Registering your trademark shields your brand from misuse or duplication. It establishes your rights, deters potential infringers, and strengthens your legal position. Trademark hijacking cases highlight the risks of not securing your brand.

Pursuing legal action can help you reclaim your rights. Prompt action is crucial to prevent further damage. Trademark infringement lawyers can help you navigate the complexities of these cases.

Here are practical steps to address infringement if pursuing legal action:

Conduct a thorough investigation of the issue.
Document all instances of unauthorised use.
Consult an online trademark infringement lawyer for legal advice.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.