Friday Trivia: Why The "German" Merck, Versus "US Merck" Name Spat... Is Not Going Away Anytime Soon.

Overnight, in New Jersey's federal district courts, the redacted, and now unsealed motion papers from February were made available on the public docket. The lawyering is first rate -- and impressively brief, given the depth -- and complexity -- of the issues. [Search in the upper left box, using "Merck v. Merck" in quotes for perhaps 70-ish separate blog entries detailing this nearly endless set of disputes.]

Here is that 46 page behemoth of a memo of law resisting summary judgment, filed on behalf of the US Merck.

I'll not quote it, but just let you all read it for yourself.

It does claim though that the German company used ad materials that touted "only" a 125 year history, which was literally false (since the German company is much older than that, dating to the late 17^th Century), in order to affirmatively engender confusion in various markets -- with the US (then 125 year old) Merck. That's an explosive allegation. [See page 30 -- Mr. Löeber stating the campaign would be a “good opportunity to bother [US Merck.]”. . . .]

On the other hand, the German company has previously alleged that at least lower level tech employees at the US Merck misrepresented themselves as working for the German company, in 2012-13, in order to wrongfully "filch/get the keys" to the Facebook pages that were using the Merck name, as belonging to the US (it had been created previously, by agents of the German company, exclusively). On and on. . . it goes. So, it goes. . . yawn. . . .

नमस्ते