Merck KGaA, Darmstadt, Germany, Responds to Legal Claims in the U.S.
- Merck KGaA, Darmstadt, Germany, today filed its Answer in response to trademark right violation claims made by MSD
- Merck KGaA, Darmstadt, Germany, committed to protecting its brand and reputation
Darmstadt, Germany, April 14, 2016 – Merck KGaA, Darmstadt, Germany, a leading science and technology company, today filed its Answer in the U.S. District Court for the District of New Jersey in response to trademark right violation claims made by US-based Merck Sharp & Dohme Corp (MSD).
According to the coexistence agreement signed between Merck KGaA, Darmstadt, Germany, and MSD in 1970, the company was allowed to use in the United States and Canada its trade name, which at the time was "E. Merck", along with the geographic identifier "Darmstadt, Germany." When E. Merck, Darmstadt, Germany, changed its name to "Merck KGaA, Darmstadt, Germany" following a public listing in 1995, MSD agreed to allow the company to use "Merck KGaA, Darmstadt, Germany" in the U.S. and Canada, a practice it is now challenging following more than 20 years of consent.
Merck KGaA, Darmstadt, Germany, has been committed to complying with the terms of the coexistence agreements, implementing tools such as geo-targeting to ensure compliance in the digital age. The English first instance Court found that MSD has breached Merck KGaA, Darmstadt, Germany’s rights by using the term "Merck" (alone) in the U.K. as a trademark or a name, online and offline, and set out the relief it would grant to prevent such use.
"We are committed to protecting our brand and reputation, and to complying with our existing agreement with MSD and MSD’s trademark rights in the United States," said Friederike Rotsch, Group General Counsel at Merck KGaA, Darmstadt, Germany. "We are therefore well prepared to defend our case in front of the U.S. courts and confident that the courts will rule in our favor, as they also have done in the U.K. and in France."
For the response as well as further information on the legal proceedings click here.
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Merck KGaA, Darmstadt, Germany
Merck KGaA, Darmstadt, Germany, is a leading science and technology company in healthcare, life science and performance materials. Around 50,000 employees work to further develop technologies that improve and enhance life – from biopharmaceutical therapies to treat cancer or multiple sclerosis, cutting-edge systems for scientific research and production, to liquid crystals for smartphones and LCD televisions. In 2015, Merck KGaA, Darmstadt, Germany, generated sales of € 12.85 billion in 66 countries.
Founded in 1668, Merck KGaA, Darmstadt, Germany, is the world's oldest pharmaceutical and chemical company. The founding family remains the majority owner of the publicly listed corporate group. Merck KGaA, Darmstadt, Germany, holds the global rights to the „Merck” name and brand. The only exceptions are the United States and Canada, where the company operates as EMD Serono, MilliporeSigma and EMD Performance Materials.
MilliporeSigma, the U.S. and Canada Life Science business of Merck KGaA, Darmstadt, Germany, is the first CTDMO (contract testing, development and manufacturing organization) to offer integrated services