We have previously discussed the Swatch v Samsung decision in respect of direct liability. In a new article, Richard Ferguson explores Samsung’s appeal regarding its intermediary liability in allowing users to download infringing watch face apps from its Galaxy App Store.

Swatch sued Samsung for trademark infringement, arguing that Samsung allowed users to download infringing watch face apps from its Galaxy App Store. The Samsung case shows that the UK courts will take a different view, however, where a tech provider plays an active role in providing an ecosystem for third-party developers.

The full article on the Wolters Kluwer Trade Mark blog can be found here.