4.19.2017

The Trademark Dispute Between SWATCH vs APPLE


SWATCH, a well-known Swiss watch brand, recently launched a new watch featuring NFC technology.

It is attracting people's attention because as a “traditional” watch brand, it was fist time that they have launched a product which features something more than just watch functions, which people think was an adventure.

However, the question is that the advertising slogan they used is similar to the phrase APPLE uses.

flickr.com @deniel


The slogan SWATCH used for their PR is “Tick different”.

In 1997, APPLE created the phrase "Think Different" which was against of IBM's "Think" slogan and they used it until 2002.




APPLE filed a complaint with Swiss Federal Court and with IGE(Swiss Federal Institute of Intellectual Property) at the same time claiming that SWATCH’s words were plagiarized.

SWATCH insisted that it was not related to APPLE’s because this slogan was from “Always different, always new”, SWATCH’s own slogan since 1980.

SWATCH claimed that it is simply a coincidence and opposed APPLE insisting that SWATCH was to make inappropriate publicity effects.

The ill-fated relationship between SWATCH and APPLE


This is not the first time for the likes of APPLE and SWATCH.

In 2013, when APPLE was developing a smart watch and was about to sell it as a product named iWatch, SWATCH’s " iSWATCH" was already on the market so its similar name has been discussed. Finally, APPLE launched under the name APPLE Watch, instead of "iWatch. "

flickr.com @LWYang


APPLE's chances of winning

Officials say it is difficult for APPLE to win this lawsuit. For APPLE's victory, they need to demonstrate that at least 50 percent of consumers are able to remind APPLE when looking at SWATCH’s slogan, and it's not easy. We need to see whether APPLE and SWATCH will continue to join the ill-fated era again.




REFERENCES
extracted from
http://bgr.com/2017/04/11/apple-vs-swatch-tick-different/

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