[U] Before Too Long, The Name Spat Will Be On Trial In Federal Court, In New Jersey... So, Why Would An Entire Pre-Trial Order Remain... Sealed?

As many here well-know -- we've covered this Lanham Act federal litigation for around 12 to 14 years, now. It has been percolating in courts around the globe since a Facebook flap became the flash-point, back then -- but the two companies have been separated since the Treaty of Versailles in 1919.

As the New Jersey federal district court draws closer to holding a trial on the merits, though (since the parties have not yet settled, despite paying perhaps $75 million each in legal fees over the last decade) -- we have become aware that a fundamental First Amendment right of "we the people" (and the press), is being abridged in that courtroom.

The parties have proposed a pre-trial order, to narrow the issues at trial -- as to which party will win the right to use the name "Merck" in the US.

Inexplicably, despite being filed over a week ago now, no redacted version (redacted for trade secrets, only) has been filed on the public docket.

We the people are entitled to observe the workings of our courts -- for their fairness and integrity.

This is another of those times, when large commercial interests would prefer not to air their dirty laundry -- but that is not what Amendment One says. Except for trade secrets, and the dollar figures in settlement, if mentioned, this pre-trial order is a public document.

Please do make at least a redacted version available, Judge Hammer -- or I will appear and file for one at least redacted version to be compelled, under the Supremes' precedents from the Nixon era -- specifically. . . Nixon v. Warner Communications 435 US 589, 597 (1978).

Updated -- by mid-afternoon on Monday, the able Magistrate Judge entered the following text only order. Perhaps he is going to mark up a paper copy for redactions(?). And then order filed a redacted copy? We shall see:

. . .TEXT ORDER: Per the Court's April 27, 2023 order, the parties are to submit two (2) courtesy hard copies of the Proposed Final Pretrial Order to the Undersigned's Chambers.

Accordingly, the parties shall submit the copies not later than October 6, 2023. So Ordered by Magistrate Judge Michael A. Hammer on 10/2/23. . . .

[If not, I am fairly certain Davis, Wright and Tremaine would join me, were I to ask. Smile -- that fine NYC firm is right now securing public access to essentially all the Tangeine fraud materials -- as well as TV coverage of the same. . . at that state trial in Manhattan.]

As I wander off, here is but one of hundreds of now ancient backgrounders on this topic -- of mine. Enjoy, on a sunny, warm Fall Monday here.

नमस्ते