Legal News

High Court deals with remitted issues in co-existence case (Merck KGaA v Merck Sharp & Dohme Corp)

Published on: 21 May 2020
Published by: LexisPSL
  • High Court deals with remitted issues in co-existence case (Merck KGaA v Merck Sharp & Dohme Corp)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Partial revocation
  • Infringement
  • De minimis
  • Relief
  • Case details

Article summary

IP analysis: The High Court has considered several issues remitted to it by the Court of Appeal in the context of a dispute between Merck Global and Merck US in relation to the alleged breach of a co-existence agreement. It set out the basis on which certain of the trade mark registrations at issue in the case should be further partially revoked and ruled that a number of sample uses of the ‘Merck’ name by Merck US constituted trade mark infringement on the basis that they were use of the marks at issue in the UK in the course of trade in relation to the relevant goods or services. It held that such uses were not de minimis. It also set out a detailed summary of the points to be included in the order following judgment, to deal with the relief sought. or take a trial to read the full analysis.

Popular documents