Court of Appeal interprets scope of coexistence agreement (Merck v Merck)

Article summary

IP analysis: The Court of Appeal has ruled on an appeal in relation to the scope of certain coexistence agreements entered into by Merck Global and Merck US in the 1970s in respect of the use of the MERCK name in the pharmaceutical sector in various territories. Both parties appealed the High Court’s decision that the use of the MERCK name in the UK as a business name and as a trade mark by certain Merck US companies constituted breach of contract and trade mark infringement, and to partially revoke the trade mark registrations at issue. The Court of Appeal upheld a number of the grounds of appeal in relation to the breach of contract claim, but remitted several issues to the High Court for determination, including whether the impugned activities of Merck US constituted use in the UK in the course of trade in relation to any relevant goods or services, the assessment of the partial revocation of the trade...