Monday, October 10, 2022

[U] Looks Like The US Lanham Act "Merck v. Merck" Name Spat... Won't Settle -- And Is Headed To Trial In 2023 -- After More Than Ten Years...


The request to the able USDC Judge in New Jersey recites that the lawsuit has been pending since 2016. That is true. But the cyber-squatting on Facebook began in 2012... and lawsuits in the EU and South America were already pending on these topics, generally by 2010 or so.

So -- after probably close to $50 million already spend by both sides, just in the US on lawyer bills, this atter will likely go to trial in 2023. Someone will get the exclusive right to use the name Merck in the US. Backgrounder here; and to be clear -- in one form or another, the German company and the US company have been at odds over this name (on and off) since the end of World War I. Dang.

In any event, here's the latest:

. . .We, along with Sidley Austin, represent Plaintiffs in this matter. Following the Court’s order denying Defendants’ Motion for Partial Summary Judgment (Dkt. Nos. 203, 204), Plaintiffs are writing to request that the Court set the earliest possible trial date in this matter, which has been pending since 2016.

Plaintiffs understand that the next step is for the parties to prepare and submit the Joint Pretrial Order and then hold a pretrial conference with Your Honor. Plaintiffs also seek deadlines for these case events, based upon the Court’s trial calendar. Plaintiffs are available to discuss any of these matters at a status conference with Your Honor. We appreciate the Court’s attention to this matter. . . .


Update on 10.12.2022 @ 11 AM EDT: There will be a status hearing at Noon Eastern, on November 4, 2022 to set a trial schedule: ". . .The Court has reviewed Plaintiffs' October 10, 2022 letter [D.E. 205]. There shall be a telephone status conference before the Undersigned on November 4, 2022 at 12:00 p.m. The parties shall dial 1-888-XXX-XXXX and access code ZZZZZZZZ# to join the call. So Ordered by Magistrate Judge Michael A. Hammer on 10/11/2022. . . ." End update.

Should be a. . . barn-burner, indeed. Now you know -- g'night, one and all, of good will. Smile. . . .

नमस्ते

No comments: