Thursday, November 29, 2018

We Should Have "Our" Merck's Reply -- To Darmstadt's (Merck KGaA) -- In The Lanham Act Name Spat Suit... Today.


I continue to believe the parties will ultimately settle, but at the moment they are still fighting over document discovery, among other matters. [Just one of my now ten years' worth of backgrounders, may be found here.]

Ultimately there will either be an agreement, or an order -- resolving this almost 100 year old name spat (on and off, since the Treaty of Versailles, toward the end of WW I). At the moment, the fight is about the meaning of a 1970 agreement the two signed, purportedly carving up the world-wide rights to use the "Merck" name in various physical geographies -- but obviously, DARPA hadn't noticed the globe altering importance of the little 'net it created, by then.

Said another way, the web changed literally. . . everything -- including how to describe two separate companies, operating under one name -- in an overlapping but competing fashion, worldwide. [Suits are pending on appeal in various EU geographies as well.]

So here we are -- in litigation, most recently in New Jersey federal District Court:

. . . .ORDER granting Defendant's [108] Letter request for an extension of the deadline for Plaintiff's rebuttal and reply to 11/29/2018; the Court extends the close of expert discovery to 2/28/2019. Signed by Magistrate Judge Michael A. Hammer on 11/13/2018. . . .


We will post that reply when it files, as a PDF right here -- and perhaps offer additional analysis of it then. Onward, on a walk to the trains -- as the overnight snow has been, once again. . . shovelled away!

नमस्ते

No comments: