Merck & Co Inc

Merck & Co Inc

There is a strong prima facie case of trademark infringement by the importer, no consent from Merck for the goods to be marketed in the EEA, and the balance of convenience favours Merck. Norwich Pharmacal relief is appropriate to disclose the importer’s identity, and delivery up of the goods is ordered.

Parties
Claimant: Merck & Co Inc; Defendant: Person Unknown (Importer); Third Party: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
29 October 2007
Procedural Posture
Intellectual Property Trademark Infringement / Interlocutory Application for Delivery Up and Norwich Pharmacal Relief
Outcome
Application granted
Legal Topics
Trademark Infringement, Norwich Pharmacal Relief, Customs Seizure, Delivery Up
Intellectual Property Law Customs Law Trademark Infringement Norwich Pharmacal Relief Customs Seizure Delivery Up

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Merck & Co Inc

Claimant

Person Unknown (Importer)

Defendant

HM Revenue & Customs

Third Party

Procedural Posture

Intellectual Property Trademark Infringement / Interlocutory Application for Delivery Up and Norwich Pharmacal Relief

Legal Issues

  1. 1 Whether Merck is entitled to delivery up of seized pharmaceutical products allegedly infringing its trademark
  2. 2 Whether Norwich Pharmacal relief should be granted to disclose the identity of the importer
  3. 3 Whether delay disentitles Merck to relief

Ratio Decidendi

There is a strong prima facie case of trademark infringement by the importer, no consent from Merck for the goods to be marketed in the EEA, and the balance of convenience favours Merck. Norwich Pharmacal relief is appropriate to disclose the importer’s identity, and delivery up of the goods is ordered.

Court Disposition

Application granted

Orders

  • Delivery up of the seized pharmaceutical products to Merck’s solicitors on undertaking to preserve the goods pending the return date.
  • HM Revenue & Customs to disclose to Merck the name, address, and contact details of the importer, subject to protection for their costs and expenses.