Germany’s Merck prevails in UK court over who can be called Merck

German pharma and sciences company Merck KGaA (MRK: DE) has secured a win in the UK Court following three years of litigation with USA-based Merck Sharp & Dohme (MSD) – or Merck & Co (NYSE: MRK) - regarding the use of the term "Merck."

In its judgement the English High Court stated that MSD had breached an agreement with the company by using "Merck" alone in the UK either as a trade mark or a name, online or offline. Merck KGaA and MSD had entered the agreement in 1955 and amended it in 1970. According to this agreement, Merck KGaA is entitled to use the name everywhere in the world, except the USA and Canada.

The German Merck was founded in 1668 and created a presence in the USA in the late 19th Century, However, the US business was sequestered by the US government during the First World War and the two companies have remained separate entities for nearly 100 years.