Swatch Sues Samsung for Trademark Infringement

Swatch Group has filed a claim for $170 million (approximately RMB 1.157 billion) before the High Court of Justice in London against Samsung Electronics, alleging that Samsung permitted third‑party applications offering digital watch faces to be made available on its smartwatch platform without authorisation, thereby using registered trademarks belonging to Swatch Group’s brands, including Omega, Tissot and Breguet.

The 26 digital watch faces at issue were available on the Samsung Galaxy App Store between October 2015 and February 2019, and were downloaded approximately 160,000 times across the UK and EU markets. Swatch initiated proceedings before the High Court of Justice of England and Wales in 2019, asserting that these digital watch faces infringed 23 trademarks covering 10 of its brands.

The High Court of Justice in London ruled in 2022 that Samsung had committed trademark infringement. Samsung appealed, arguing that the watch faces were uploaded by third‑party developers; however, the court found that Samsung controlled the application review and marketing processes and thus bore direct liability for infringing activities on its platform. At the end of 2023, the Court of Appeal upheld the judgment.

Recent hearings have focused on the quantum of damages. Swatch contends that the $170 million claim is based on a hypothetical licence fee for the 10 brands, reflecting the “reputation, prestige and attractiveness” of its portfolio. Sylvain Dolla, CEO of Tissot, testified that the brand deliberately refrains from entering the smartwatch market, because licensing its designs to mass‑market smartwatches would undermine the value and exclusivity of Swiss luxury timepieces.

Samsung, for its part, argues that the claimed amount is excessive. Samsung’s counsel described the $170 million claim as “exaggerated” and “unrealistic”. Samsung maintains that the majority of the infringing watch face applications were free downloads, generating total revenue of just over $1,000 during the relevant period, of which Samsung received only approximately $300 in commission.

The case was brought before the expiry of the UK’s Brexit transition period, meaning that the London court’s decision will cover infringing acts in both the UK and EU markets. A parallel lawsuit filed by Swatch against Samsung’s subsidiary in the United States is currently stayed, pending the outcome of the UK proceedings. The damages award from the High Court of Justice in London is expected to be announced in the near future.