World Trademark Review quotes Robert Lundie Smith on the High Court’s $11.6 million damages award to Swatch
min readThe UK High Court has awarded Swatch $11.6 million in damages for the display
and download of smartwatch apps that were found to infringe on multiple Swatch
Group brands, including Omega, Tissot and Breguet.
The court divided up damages for two types of infringement:
- the display of the infringing marks on Samsung’s app store; and
- the display of the infringing marks on the smartwatch face after download.
Robert Lundie Smith, Partner and Head of our Intellectual Property team, comments in World Trademark Review.
He believes that the way in which the court evaluated the damages will be “welcomed by the owners of high-value brands”.
He also says that the findings used from prior proceedings could not be unpicked during this inquiry.
Given the consequences of these findings and the value of the damages awarded, it may be that in future liability trials, parties’ positions will also have a keen eye to the potential use of evidence and consequential findings for any later inquiry leading to a greater number of points in dispute at that earlier stage.
Read the full article in World Trademark Review here.
