MiraLAX® will likely only generate about $200 million in annual sales revenue in 2010 -- so it is not a franchise offering. Even so, it is encouraging to see this settle, as it likely means lower-priced alternatives will now be more widely-available throughout the United States, from Perrigo Pharmaceuticals, the generic's manufacturer. Here's that notice -- of a confidential settlement agreement, pending. And, from the original complaint at law, filed in the federal District Court, of Delaware:
. . . .This is an action for infringement of the trade dress of S-P’s [now New Merck's] highly successful MiraLAX® oral laxative, as well as related false designation of origin, unfair competition, copyright infringement, unjust enrichment and state law dilution. [Merck's] MiraLAX® trade dress is highly distinctive and strongly associated in the minds of consumers with S-P’s high quality laxative product. Perrigo has wrongfully copied [Merck's] MiraLAX® trade dress and related copyrighted designs to make private label/generic "knock off" versions of [Merck's] famous product, which Perrigo is now distributing in numerous retail outlets across the country. . . .
No longer -- the matter is settled.
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