{"text":[[{"start":8.7,"text":"Swatch is demanding $170mn from Samsung over claims the technology group allowed its smartwatches to be turned into digital clones of luxury Swiss timepieces in a “large-scale appropriation”."}],[{"start":21.6,"text":"The legal battle, taking place in London, is being fought over 26 digital “watch face” apps, which Swatch complains replicated the appearance of its prestigious brands including Omega, Tissot and Breguet."}],[{"start":33.650000000000006,"text":"The Swiss watchmaker’s damages demand, which lawyers for Samsung said was “extraordinary” and “departs from reality”, marks the culmination of a long-running global trademark fight."}],[{"start":44.900000000000006,"text":"Samsung was already found liable for trademark infringement by the High Court in London in 2022 and lost a subsequent appeal at the Court of Appeal. While third-party developers created the software, Samsung was held to be liable in part because it controlled the app review process and also marketed its smartwatches with attractive watch faces."}],[{"start":67.65,"text":"Now the High Court is determining damages owed to Swatch in a trial that has ramifications across the EU."}],[{"start":75,"text":"The judge in London has the power to determine damages throughout the bloc as Swatch brought its lawsuit before the 2020 end of the Brexit transition period."}],[{"start":83.75,"text":"Proceedings have also been brought in the US, which have been stayed pending the outcome of the case in England."}],[{"start":89.85,"text":"Swatch claims the apps, downloaded in the UK and EU about 160,000 times, offered “knock-offs” of its exclusive watch dials and is demanding $170mn for intellectual property infringements between October 2015 and February 2019."}],[{"start":107.85,"text":"Sylvain Dolla, chief executive of Tissot, said in a witness statement that Swatch had a policy not to license its brands to third parties, “definitely not to other watch companies and even less to smartwatch companies”."}],[{"start":120.5,"text":"Despite the “potential to sell millions” of co-branded products, Dolla said allowing the high-end brands to be used on “commodity” smartwatches would “kill the value of the fine Swiss watch”."}],[{"start":132.1,"text":"Barrister Daniel Selmi, for Swatch, added in a written submission that the case was about the “large-scale appropriation” of “valuable and carefully protected” trademarks."}],[{"start":142.75,"text":"“Samsung has repeatedly tried to downplay the scale and significance of the infringements by trivialising the level of true compensation,” he said."}],[{"start":151.1,"text":"To quantify the damages, Swatch put forward evidence from a valuation expert to calculate the value of a hypothetical licence."}],[{"start":159.95,"text":"However, Daniel Alexander KC, for Samsung, said in a written submission that Swatch’s “extravagant” demand was based on a “fundamentally flawed” approach that “bears no relationship to the damage suffered”."}],[{"start":172.45,"text":"The apps “had no prominence, were not used by Samsung in any marketing of smartwatches, and Samsung did not want them there”, he said. “They were removed as soon as the issue was raised.”"}],[{"start":184.25,"text":"Alexander said nearly all the infringing apps were free and the total revenue from downloads over the period was just over $1,000, of which $300 was attributable to Samsung and the rest to developers."}],[{"start":198.2,"text":"“Swatch did not suffer any damage and the benefit to Samsung was negligible,” Alexander said. “On any basis . . . damages are tiny.”"}],[{"start":207.29999999999998,"text":"The barrister said Swatch was seeking to calculate damages “in respect of things which not only did not happen but would never have happened. That approach does not come close to what is required by . . . an inquiry, or common sense”."}],[{"start":221.04999999999998,"text":"Closing arguments are due to be heard on Friday and Mr Justice Marcus Smith is expected to hand down judgment at a later date."}],[{"start":237.45,"text":""}]],"url":"https://audio.ftcn.net.cn/album/a_1782459101_7389.mp3"}