Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor

Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor

Samsung's involvement in app review, marketing, and commercial interest in the SGA store went beyond merely technical facilitation, amounting to use of Swatch's trade marks in its own commercial communications. The signs were used in relation to smartwatches, not just apps, as they appeared in the Dial Branding position and could influence third-party perception. Samsung's acts were active and not covered by the Article 14(1) safe harbour defence.

Parties
Claimant/respondent: Montres Breguet S.A.; Claimant/respondent: Blancpain S.A.; Claimant/respondent: Montres Jaquet Droz S.A.; Claimant/respondent: Omega S.A.; Claimant/respondent: Compagnie des Montres Longines, Francillon S.A.; Claimant/respondent: Tissot S.A.; Claimant/respondent: Mido S.A.; Claimant/respondent: Hamilton International S.A.; Claimant/respondent: Swatch S.A.; Claimant/respondent: Glashütter Uhrenbetrieb GmbH; Defendant/appellant: Samsung Electronics Co. Ltd; Defendant/appellant: Samsung Electronics (UK) Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Trade Mark Infringement, E Commerce Liability, App Store Regulation, Consumer Perception, Safe Harbour Provisions
Intellectual Property Commercial Law Technology Law Trade Mark Infringement E Commerce Liability App Store Regulation Consumer Perception Safe Harbour Provisions

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Parties

Montres Breguet S.A.

Claimant/respondent

Blancpain S.A.

Claimant/respondent

Montres Jaquet Droz S.A.

Claimant/respondent

Omega S.A.

Claimant/respondent

Compagnie des Montres Longines, Francillon S.A.

Claimant/respondent

Tissot S.A.

Claimant/respondent

Mido S.A.

Claimant/respondent

Hamilton International S.A.

Claimant/respondent

Swatch S.A.

Claimant/respondent

Glashütter Uhrenbetrieb GmbH

Claimant/respondent

Samsung Electronics Co. Ltd

Defendant/appellant

Samsung Electronics (UK) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Samsung used Swatch's trade marks in its own commercial communications
  2. 2 Whether the use of signs was in relation to smartwatches as well as apps
  3. 3 Whether Samsung has a defence to financial remedies under Article 14(1) of the e-Commerce Directive

Ratio Decidendi

Samsung's involvement in app review, marketing, and commercial interest in the SGA store went beyond merely technical facilitation, amounting to use of Swatch's trade marks in its own commercial communications. The signs were used in relation to smartwatches, not just apps, as they appeared in the Dial Branding position and could influence third-party perception. Samsung's acts were active and not covered by the Article 14(1) safe harbour defence.

Court Disposition

appeal dismissed

Orders

  • Samsung found liable for trade mark infringement
  • No safe harbour defence under Article 14(1) of the e-Commerce Directive