Merck Vs. Merck — First USDC, NJ Scheduling Conference Set: Lanham Act Suit

Regular readers will recall our continuing coverage of the latest federal lawsuit brought by Merck of Kenilworth, New Jersey — in the federal District court in that state, against the German Merck — over the use (or misuse) of the Merck name, under a series of antiquated agreements these two companies long ago signed.

I say antiquated — because they do almost nothing to account for completely borderless electronic global commerce — in an internet enabled age. For certain, they do not directly address what end-user/consumers (sitting at their screens, or increasingly on their phones) should expect as a consistent, clear and easily discernible line of demarcation — as to whether one is dealing with, or learning about, the German one or the United States one.

That is so, because the agreements were last amended long before the original DARPA-net evolved into a rich, graphical, seamless world wide web of information and commercial opportunities we now take for granted. The parties just never contemplated such a development. [At least not, it seems, on the consumer side of the equation — so most of the agreements cover notions about which company may use which naming conventions in which geographies, primarily in promoting themselves to “intermediaries” (pharmacies, hospitals and doctors) — not so much end user consumers, because DTC advertising barely existed then, as well.]

And so — the first scheduling conference — between the parties (on the US version of these fights) is now set for the afternoon of June 2, 2016 — in Newark:

. . . .Scheduling Conference set for 6/2/2016 at 2:30 p.m. in Newark – Courtroom 2C before Magistrate Judge Michael A. Hammer.

So Ordered by Magistrate Judge Michael A. Hammer on 5/19/2016. . .

Off for a workout, and a breezy afternoon bike ride by the lake. . . .

Keep it spinning in good karma, as 14 years ago tomorrow, the last of the criminals then-living, and responsible for the bombing of the 16th Street Baptist Church in Birmingham nearly four decades earlier — was finally convicted. It took nearly four decades for justice to roll, in the murders of Addie Mae Collins, Carole Robertson and Cynthia Wesley, all 14, and 11-year-old Denise McNair. Both Michael Blanton and Bobby Frank Cherry are long-dead now, but that sad, twisted story is a clear object-lesson to those who condone violence against people they do not understand, or hate — for no reason. And I am looking at Mr. Trump — once again, here. He gives his people “permission” — and so he is absolutely responsible for their actions, just as the Klan of Birmingham was responsible for the murder of those four little girls. Here endeth the sermon — but is in keeping with this weekend’s theme.

I may devote most weekends to such lower third marginalia — in direct opposition to the reality TV candidate. He is a dangerous and ignorant would-be demagogue. I will take him lightly, no longer. Any blood-shed he incites, at his rallies — is on his account. He will burn for it, in eternity — that is my belief-set.


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