What does Swatch mean by Samsung’s “large-scale appropriation” of trademarks?

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Swatch Alleges Samsung Facilitated "Large-Scale Appropriation" Through Third-Party Smartwatch Apps

Swatch asserts that Samsung engaged in "large-scale appropriation" of its trademarks by permitting third-party applications on Samsung smartwatches that enabled users to create digital replicas of popular Swatch-owned watch models. The Swiss watchmaker is seeking US$170 million in damages, alleging that these apps allowed for the replication of designs from brands including Omega and Tissot, thereby infringing upon Swatch's intellectual property. A British judge previously found Samsung liable for trademark infringement in 2022, with a ruling on damages anticipated.
Digital Replicas on Smartwatches

The core of Swatch's claim revolves around the functionality of third-party applications available on Samsung's smartwatch platform. These applications, according to Swatch, provided users with the means to replicate the visual appearance and design elements of well-known Swatch Group timepieces. This essentially allowed for the creation of digital "clones" of physical watches, which Swatch argues constitutes a direct appropriation of their protected trademarks.
Extent of Samsung's Alleged Responsibility

Swatch's legal position implies that Samsung, as the provider of the smartwatch operating system and platform, bears responsibility for the content and functionality of third-party apps made available to its users. By allowing these apps to be distributed and accessed on their devices, Swatch contends that Samsung facilitated the alleged infringement. Samsung, however, has reportedly dismissed these demands as "extravagant."
Trademark Infringement and Damages

The concept of trademark infringement in this context refers to the unauthorized use of a trademark in a manner that is likely to cause confusion among consumers or dilute the distinctiveness of the mark. Swatch's claim of "large-scale appropriation" suggests a significant and widespread unauthorized use of its brand identifiers and design elements through these digital replicas. The US$170 million figure represents the damages Swatch believes it has suffered as a result of this alleged infringement.

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What does Swatch mean by Samsung’s “large-scale appropriation” of trademarks?

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