On May 20, 2022, WilmerHale’s client Swatch Group achieved a major victory in UK litigation against Samsung in Montres Breguet SA v Samsung when the Court held that an online app store was responsible for trademark infringement arising from apps uploaded by third party developers, and that “mere hosting” under the E-Commerce Directive did not provide a defense.

The action was brought under 23 trademarks representing a number of Swatch Group’s iconic Swiss watch brands. WilmerHale acted for Swatch Group, which claimed that its trademarks were being infringed in the smartwatch business of the defendant, Samsung. Samsung’s smartwatch business included an app store, which among other things offered watch face apps that provide alternative watch faces, changing the appearance of the smartwatch. Swatch Group argued that these apps emulated the look and feel of trademarked watch brands from the Swatch Group, including Omega and Tissot. There is ongoing parallel litigation in the US, where WilmerHale also represents Swatch Group.

The WilmerHale team acting for Swatch Group in the UK is led by Justin Watts and Delicia Clarke, with Franz Schwarz as client relationship partner.