The Two “Mercks” Are Still Battling Over German Vs. New Jersey Law… And, Merry Christmas!

As I close up my shop for the holiday, and head out for airport pick-up runs — I’ll wish the readership a blessed and peaceful Christmas. As many here already well-know, I no longer consider myself bound by all those covenants, but I respect those who still say they are. . . .

So — to all true Christians — I wish you a Merry Christmas. I assume you would wish me the same. [I mean all of you who believe in Christ’s “social gospel“, here — and yes — I apologize — that is an oblique reference to certain followers of our 45th President.]

Now. in a “cheerier” fashion, and to keep you all well-entertained, I’ll leave you with some fire-side reading. For the last two months, the two Merck companies have been battling in the federal courts located in New Jersey, over what country’s law will govern their naming rights disputes. [Background here.] In both the UK and French versions of these battles, trial level courts have held that German law should apply.

I still think — given that it is a US Lanham Act suit, which is derivative of the overall contract action — the substantive federal US law (in turn applying New Jersey state contract law rules) will be applied, by the able judge. Even so, I am not sure it matters all that much as to which law governs the fact that the contract exists and is in force. I now supply links to US Merck’s opening brief — and to German Merck’s reply — to US Merck’s rejoinder. . . AND to German Merck’s sur-reply(!). That’s about 90 pages, in all. Enjoy your bed-time reading, folks! I’m out, now. . . .

It is (I think) profoundly sentimental here — that these silent, snowed in, moments make things luminously. . . clear (upon inspection of these individual snowflakes, close at hand). And as I go — I bid all of good will, peace on Earth. And thus. . . Namaste.



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