Merck KGaA v Merck Sharp & Dohme LLC & Anor [2025] EWCA Civ 343 (28 March 2025)

Merck KGaA v Merck Sharp & Dohme LLC & Anor [2025] EWCA Civ 343 (28 March 2025)

The Court held that declaratory relief was appropriate to resolve disputes over the interpretation and application of the Final Order, even where no contempt proceedings were pursued, as it served a useful purpose and caused no prejudice. The judge's findings on targeting and trade mark use were upheld, as the assessment was fact-sensitive and no error of principle was shown. The burden of proof for exceptions in the Final Order was correctly allocated. The appeal was dismissed.

Citation
[2025] EWCA Civ 343
Parties
Claimant/respondent: MERCK KGaA; First Defendant/appellant: MERCK SHARP & DOHME LLC; Second Defendant/appellant: MERCK & CO. INC
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Trade Mark Infringement, Breach of Contract, Declaratory Relief, Interpretation of Court Orders, Targeting in Internet Law
Intellectual Property Contract Civil Procedure Trade Mark Infringement Breach of Contract Declaratory Relief Interpretation of Court Orders Targeting in Internet Law

Case Brief

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Parties

MERCK KGaA

Claimant/respondent

MERCK SHARP & DOHME LLC

First Defendant/appellant

MERCK & CO. INC

Second Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether declaratory relief is appropriate for breaches of a court order absent contempt proceedings
  2. 2 Whether the use of 'Merck' by the appellants constituted targeting and trade mark use in the UK
  3. 3 Whether certain acts fell within exceptions in the Final Order

Ratio Decidendi

The Court held that declaratory relief was appropriate to resolve disputes over the interpretation and application of the Final Order, even where no contempt proceedings were pursued, as it served a useful purpose and caused no prejudice. The judge's findings on targeting and trade mark use were upheld, as the assessment was fact-sensitive and no error of principle was shown. The burden of proof for exceptions in the Final Order was correctly allocated. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court's declarations of breach stand.
  • Merck Global undertakes not to pursue contempt proceedings for the acts found to be breaches prior to the judgment date.