Interflora this week launched legal action against Marks & Spencer and Flowers Direct in a case which could set a precedent in pay per click marketing. They are claiming both companies are infringing their trademark by appearing in the sponsored results for searches on “interflora” and various mispellings. This, of course, does not break any of Google’s brand bidding guidelines since they were changed earlier this year as they now only prevent advertisers using a trademark in their ad text. But many large companies still believe that bidders are infringing on their trademark and the brand they have worked hard to build.
Up until now their only option has been to send the obligatory cease and desist letter and hope it scares people away. But this case could set a serious precedent and if successful pave the way for numerous other cases, and who knows, perhaps a reversal of Google’s policy?