This month we report on the High Court's decision in Société des Produits Nestlé SA v Cadbury UK Ltd concerning the test for acquired distinctiveness, following a reference to the CJ. We also report on the decision in Merck KGaA v Merck Sharp & Dohme Corp & Ots, in which the High Court held that the defendant's use of MERCK amounted to trade mark infringement and breach of the co-existence agreement between the parties.

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