Merck KGaA v Merck Sharp & Dohme LLC & Anor [2025] EWCA Civ 343
In the case of Merck KGaA v Merck Sharp & Dohme LLC & Anor [2025] EWCA Civ 343, the Court of Appeal upheld the High Court’s decision that Merck Sharp & Dohme LLC and Merck & Co., Inc. breached the court order regarding the use of the name “Merck” in the UK made in previous proceedings for breach of contract and trade mark infringement. The dispute centred on the Defendants’ use of “Merck” on websites and other materials targeted at the UK. The Court of Appeal confirmed that these uses constituted a breach of the order and did not fall within the exemptions provided. In doing so it rejected the submission that a declaration of “breach” was inappropriate and that Merck KGaA should have brought contempt proceedings.
Benet Brandreth KC acted for the successful Claimant Merck KGaA.