Swatch, based in Switzerland, has accused Samsung of allowing ‘digital replicas’ of its products on its smartwatches. The case, centred on apps that enable users to replicate popular models from Swatch-owned brands, including Omega and Tissot, began in 2019.
As reported by Reuters, a June 19 filing by solicitors representing Swatch included a claim for $170 million in damages, based on hypothetical licence fees across 10 brands. Samsung was previously found liable in a similar trademark case in 2022 involving third-party apps on its smartwatches.
The ruling is expected to create an opportunity for Swatch to file a parallel claim against a Samsung subsidiary in the United States. In a separate filing cited by the Financial Times, Samsung described Swatch's demands as "extravagant" and as a departure “from reality.”
"Samsung was already found liable for trademark infringement by the High Court in London in 2022 and lost a subsequent appeal at the Court of Appeal," writes Alistair Gray.
"While third-party developers created the software, Samsung was held to be liable in part because it controlled the app review process and also marketed its smartwatches with attractive watch faces. Now the High Court is determining damages owed to Swatch in a trial that has ramifications across the EU.
"The judge in London has the power to determine damages throughout the bloc as Swatch brought its lawsuit before the 2020 end of the Brexit transition period.
"Proceedings have also been brought in the US, which have been stayed pending the outcome of the case in England."
Specifically, 26 digital watch apps are the subject of the case, which were downloaded around 160,000 times in the UK and the EU.
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