High Court rules on Samsung’s liability for infringing third-party apps (Montres Breguet v Samsung)

Article summary

IP analysis: The High Court held that a number of apps offered on Samsung’s app store infringed various trade marks owned by the Swatch group. The judge found that Samsung should be held liable as a primary tortfeasor due to the level of control it exerted over the publishing process, despite the apps in question being created by third-party developers. The judgment provides useful clarification on how ‘use’ of an infringing sign under Article 9(3) of Regulation (EU) 2017/1001, the EUTM Regulation, should be interpreted and the approach courts are likely to take when considering whether an app store provider should be liable for infringing third-party apps offered through its platform. The judgment also discusses the availability of Directive 2000/31/EC, the E-Commerce Directive, defence and draws a clear distinction between passive online marketplace operators and app store providers who offer third-party apps for use on their own goods and services. Written by Mark Daniels, partner and Gavin Lock,...