WatchesDec 14, 2023
Chrono24 Names McKinsey Exec as New CEOTechnologyDec 18, 2023
In UK, Swatch Group Notches ‘Milestone’ Victory in Samsung Trademark Case
The watch company has parallel litigation in the United States that is ongoing.
PHOTO This image from court documents supplied by Swatch Group shows, at right, two examples of “watch faces” that once were available in Samsung’s Galaxy App Store alongside watches from Swatch Group-owned brands Breguet (top left) and Glashütte Original (bottom left).
PHOTO Another example, this one showing a Tissot watch (top left) and a Jaquet Droz watch (bottom left) next to watch faces from the Samsung app store
London—A U.K. appeals court has ruled in Swatch Group’s favor in its trademark case against Samsung, a “milestone” victory Swatch Group says will have a significant impact on internet trademark law.
The ruling was handed down Friday in the Court of Appeal in London—the second highest court in the land, behind the U.K. Supreme Court—and upholds a lower court ruling from May 2022.
In that case, Justice Sarah Falk of the High Court of Justice ruled that Samsung Electronics Co. Ltd. had infringed the trademarks of a number of Swatch Group’s top watch brands, including Omega, Tissot, Swatch, Hamilton and Longines, via 30 downloadable “watch face” apps.
The apps were available in the Galaxy App Store, the store where Samsung users purchase and download apps for use on their smartphones and smartwatches, from October 2015 until the South Korea-based technology giant removed them in January 2019 at Swatch Group’s request.
Samsung appealed Falk’s ruling to the Court of Appeal, but on Friday, Lord Justice Richard Arnold, Lord Justice Kim Lewison, and Lady Justice Elisabeth Laing rejected that appeal.
Related stories will be right here …
The ruling was handed down Friday in the Court of Appeal in London—the second highest court in the land, behind the U.K. Supreme Court—and upholds a lower court ruling from May 2022.
In that case, Justice Sarah Falk of the High Court of Justice ruled that Samsung Electronics Co. Ltd. had infringed the trademarks of a number of Swatch Group’s top watch brands, including Omega, Tissot, Swatch, Hamilton and Longines, via 30 downloadable “watch face” apps.
The apps were available in the Galaxy App Store, the store where Samsung users purchase and download apps for use on their smartphones and smartwatches, from October 2015 until the South Korea-based technology giant removed them in January 2019 at Swatch Group’s request.
Samsung appealed Falk’s ruling to the Court of Appeal, but on Friday, Lord Justice Richard Arnold, Lord Justice Kim Lewison, and Lady Justice Elisabeth Laing rejected that appeal.
The justices joined the lower court in dismissing Samsung’s argument that it was not liable for damages because it had not “used” the infringing watch faces, which were created by third-party developers, and had merely “hosted” the downloadable designs in its store.
The appeals court stated in its ruling, “Samsung’s acts of use of the disputed signs were active and gave it knowledge of and control over that content. They were not merely technical, automatic, and passive with no knowledge or control.”
An email sent Friday to Samsung seeking comment on the decision was not returned.
In a statement issued Friday announcing its victory in the case, Swatch Group co-Chief Legal Officer Mireille Koenig said: “Swatch Group is pleased with the judgment, which looked at a new form of trademark infringement in the digital age, and the liability of online providers such as Samsung’s Galaxy Store.
“The court reached the right result, protecting the exclusivity and value of our iconic watch brands.”
Swatch Group filed a parallel trademark infringement lawsuit against Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. in the United States in February 2019.
That case is ongoing.
More on Technology
The Latest
SurveysDec 04, 2024
In-Store Shopping Outpaced Online Over the Holiday Weekend, Says NRF A total of 126 million consumers shopped in stores over the five-day period, about 5 million more than last year.
Lab-GrownDec 04, 2024
GJEPC Says Indian Trade Will Use FTC-Approved Terminology for Lab-Grown DiamondsThe FTC’s Jewelry Guides require “clear and conspicuous” disclosure when advertising lab-grown diamonds.
SourcingDec 04, 2024
Designer Saul Fraiman Retires After 55 YearsThe fine jewelry designer, who came out of retirement in 2017, is putting down his sketchpad for good.
Brought to you by
Protecting Your Sparkle: Why Screening Has Become Essential While no reputable jeweler would knowingly sell lab-grown stones as natural, it's a growing possibility.
AuctionsDec 04, 2024
30-Carat Pink Diamond Fetches $2.6M at BonhamsThe Type IIa, very light pink colored diamond was the highlight of the recent Hong Kong jewelry auction.
Weekly QuizNov 26, 2024
This Week’s QuizTest your jewelry news knowledge by answering these questions.
CrimeDec 03, 2024
Man Sentenced to Life in Prison for Murder of Florida JewelerJohn Willard Craiger, 83, fatally shot jeweler Ghazi “Gus” Michel Osta following an argument in the store.
ColumnistsDec 03, 2024
Peter Smith: How a Leadership Hire Can Make or Break a CompanyIn his latest column, Smith provides a list of questions every business needs to be asking their next potential leader.
Brought to you by
Navigating Cybersecurity: Essential Guidance for JewelersFrom protecting customer data to safeguarding inventory records, it's crucial to learn how to tackle cybersecurity challenges.
SourcingDec 03, 2024
Gemstone Cutter Glenn Lehrer Dies at 71An innovative artist inspired by the natural world, Lehrer is remembered for being a visionary and a shining light.
WatchesDec 03, 2024
Jaeger-LeCoultre and Vacheron Constantin Appoint New CEOsJérôme Lambert returns as CEO of Jaeger-LeCoultre, while Laurent Perves takes the lead role at Vacheron Constantin.
MajorsDec 03, 2024
Neiman Marcus’ ‘Fantasy Gifts’ Sparkle In Pavé This Holiday SeasonThe extravagant gifts in this year’s “A Neiman’s Fantasy” Holiday Book range from a Messika diamond necklace to pavé diamond cowboy boots.
IndependentsDec 02, 2024
Windsor Jewelry Closing After 105 YearsOwners Greg and Lynn Bires are heading into retirement.
GradingDec 02, 2024
Jewelry Appraiser Craig Lynch Dies at 70The industry veteran is remembered for his faith, his dedication to his family, his wealth of knowledge and his generosity in sharing it.
SurveysDec 02, 2024
10-Year Rewind: Comparing 2024 Holiday Shoppers With the Consumers of 2015PricewaterhouseCoopers’ 2024 holiday trends survey took a 10-year look back to see what mattered to consumers then versus now.
Lab-GrownDec 02, 2024
Lab-Grown Diamond Jewelry Set Sells for $55K at Charity AuctionMonique Lhuillier and Kay Jewelers collaborated to create the pieces, which were offered at the recent Baby2Baby gala.
Policies & IssuesNov 27, 2024
G7 Announces Botswana as Second Verification ‘Node’ for Rough DiamondsBotswana joins Antwerp as a certification center for rough under the G7 ban on Russian diamonds.
SourcingNov 27, 2024
Gemfields Reports 'Disappointing' High-Quality Emerald Auction ResultsThe miner said its November sale, which earned $16.1 million, felt the effect of competitive pricing by a rival Zambian producer.
CollectionsNov 27, 2024
Piece of the Week: Mignon Faget’s ‘Crescent Starry Night’ Tassel EarringsMignon Faget honors its hometown of New Orleans with a piece inspired by “The Crescent City.”
SourcingNov 26, 2024
De Beers Stays With ‘A Diamond Is Forever’ for 2024 Holiday Campaign“Forever Present” highlights gifting opportunities for natural diamonds, celebrating familial, friendship, and romantic relationships.
AuctionsNov 26, 2024
Christie’s To Auction Collection of Suzanne Belperron JewelsIt’s one of the most impressive assemblages of the French designer’s pieces ever to come to auction, Christie’s said.
ColumnistsNov 26, 2024
The Smart Lab: 7 Strategies for Refining Your Holiday Email Marketing CampaignsSuccessful email marketing campaigns are all about timing, personalization, and compelling CTAs, Emmanuel Raheb writes.
MajorsNov 26, 2024
GIA’s Board of Governors Adds 2 New MembersRetail leader Lisa Bridge and geology professor Dr. Wendy Bohrson joined the organization’s board.
MajorsNov 26, 2024
Ben Bridge Jeweler Unveils This Year’s ‘Benny Bear’ Look out for a black bear wearing a purple Santa hat and its zippered tummy pouch made for holding a holiday gift from Ben Bridge Jeweler.
SourcingNov 25, 2024
William Goldberg Celebrates 2 Major Milestones With New Book“The William Goldberg Way” was released in honor of the company’s 75th anniversary and 25 years of its proprietary Ashoka diamond.
Lab-GrownNov 25, 2024
Lab-Grown Co. Lusix Sold to 2 Companies for $4M Fenix and Dholakia Lab-Grown Diamonds have jointly acquired the Israel-based company, which grows diamonds using solar power.
IndependentsNov 25, 2024
Sophie Bille Brahe Opens First US StoreThe Danish brand has opened an appointment-only location on Madison Avenue in New York City.
Events & AwardsNov 25, 2024
The Original Miami Beach Antique Show Panel to Feature Fred SavageThe actor and watch enthusiast will be part of the show’s education lineup.
