Bird & Bird

Firm overview:

With a top-tier reputation for trademark matters, Bird & Bird has “set the standard in terms of the breadth of its IP practice”, according to a peer. The full-service firm uses its global reach to help brands secure and enforce their IP in multiple markets and is particularly singled out for its contentious work. An industry counterpart comments that Bird & Bird is “still commanding a very good lead in the marketplace” for litigation, with other peers citing the firm as a regular opponent on trademark disputes.

Team overview:

Ewan Grist’s name comes up among trademark industry peers, particularly in relation to the “excellent result” he secured for Lidl in its trademark and passing off case against Tesco. Grist frequently acts in complex litigation, often with a cross-border element, and he co-heads the firm’s International Product Design group.

Peter Brownlow leads on multi-jurisdictional matters and manages high-profile disputes as well as specialising in non-contentious work. A peer expresses admiration for his work, describing him as “a very good client relationship partner” as well as “a canny strategist in terms of trademark mitigation”.

Key matters:

• Merck v Merck Sharp & Dohme & Others

Bird & Bird’s London office represented German pharmaceutical giant Merck in a dispute with companies within the Merck Sharp & Dohme group (MSD) relating to the use of the trademark ‘Merck’.

Merck brought UK proceedings against MSD for breach of contract and trademark infringement, resulting in a March 2025 decision by the Court of Appeal of England and Wales that upheld a lower court’s finding that MSD had used the mark in a way that was prohibited by injunctions.

Peter Brownlow, Mark Day, and Alex Grigg were on the Bird & Bird team for Merck.

Clients:

Merck