Watchmaker Swatch has won a court case in Switzerland with the company Apple, which accused him of violation of the rights to the brand, reports Reuters. The reason for the dispute was the slogan Different Tick (“Ticking differently”).
This slogan of Swatch came up with in 2015 to advertise their hours Bellamy with NFC-module for contactless payments. The company had developed with Visa.
The advertising slogan of Swatch registered in Switzerland and the USA. However, Apple decided that he was too in tune with its slogan Think Different (“Think differently”). Apple used it in advertising campaigns from 1997 to 2002. Then the phrase was seen as an answer to IBM, whose campaign was accompanied by the slogan “Think”, writes Reuters. At that time IBM was the main competitor of Apple in the market of personal computers.
In April 2017, the iPhone maker has filed a lawsuit to Swatch in a Swiss court. The process lasted for two years. Swatch insisted that the Apple was not so well known in Switzerland to benefit from the protection of the trademark. In addition, the company claimed to have inspired their own campaign from the 80-ies of the Always different, always new (“Always different, always new”). The similarity with the slogan the American manufacturer Swatch called random.
The court ultimately agreed with the arguments of Swatch. He also indicated that the Cupertino company has not provided documents to justify its position, writes Reuters. To win in court, Apple had to prove that at least 50% of consumers associate the phrase with Different Tick products, and not with a Swatch watch.
The company argued before
The dispute over the slogan — not the first for Apple and Swatch. In 2016, the Swiss manufacturer has challenged a patent application by the American company to the brand iWatch. It was assumed that so Apple will name their smart watch — similar to the iPhone and iPad. However, Swatch said that it was too similar to its iSwatch brand, and won a court. Apple had to call their watch the Apple Watch.
In addition, Swatch in 2015, registered the phrase One more thing (“Another thing”). It was made famous by Apple co-founder Steve jobs, who many times used it for presentations of new products of the company. To challenge the decision of the patent office, Apple could not.
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