IP analysis: In a painstakingly thorough 514-paragraph judgment, Mr Justice Edwin Jones examined 55 instances where the claimant, Merck KGaA, alleged the five defendants, including Merck, Sharpe & Dohme LLC (together MSD) had used the word ‘Merck’ in ways prohibited by an agreement between the parties (the 1970 Agreement), infringed Merck KGaA’s UK trade marks and ultimately breached an injunction ordered by the court in July 2020. Merck KGaA sought declaratory relief from the court rather than filing contempt proceedings. Despite MSD’s disagreement, Jones J found this to be an appropriate approach and, following his determination that three of the defendants had indeed committed many of the alleged breaches of the 2020 Order, he decided to grant partial declaratory relief to that effect. Written by Emma Kennaugh-Gallacher, senior professional support lawyer at IP firm Mewburn Ellis.