Irish software development studio Probendi is suing Apple in a Milan court for using its "iWatch" trademark in Europe as part of a Google AdWords campaign, reports Bloomberg. Apple has been paying for sponsored links on Google in an attempt to redirect users that search for "iWatch" to the Apple Watch website, in order to avoid missing out on customers that search for the wrong product name.

“Apple has systematically used iWatch wording on Google search engine in order to direct customers to its own website, advertising Apple Watch,” says a tribunal filing obtained by Bloomberg. “Apple never replied to our requests and objections, while Google said they are not responsible for links.”

probendi-logo
"iWatch" was a commonly used name to refer to Apple's much-rumored smartwatch before it was released, however the device was ultimately named the Apple Watch. Apple filed for "iWatch" trademarks in Japan, Mexico, Russia, Taiwan, Turkey and other countries, but Probendi has owned the trademark in Europe since 2008 for its health and safety communication software.

iWatch Google
Google's AdWords trademark policy states that it "will investigate and may enforce certain restrictions on the use of that trademark in AdWords text ads," but the company has yet to take any action against Apple. As of writing, searching for "iWatch" on Google in France, Germany, Italy, Spain, the United Kingdom and multiple other European countries still displays Apple Watch sponsored text ads.

Probendi originally planned to capitalize on Apple's announcement of the Apple Watch last year by using its "iWatch" trademark in Europe to launch its own Android smartwatch, but company director Daniele Di Salvo now says the project is “in standby.”

A hearing in the iWatch case is scheduled for November 11.

Related Roundup: Apple Watch Series 7
Buyer's Guide: Apple Watch (Buy Now)
Related Forum: Apple Watch

Top Rated Comments

LucasEVille Avatar
82 months ago
Probendi originally planned to capitalize on Apple's announcement of the Apple Watch last year by using its "iWatch" trademark in Europe to launch its own Android smartwatch ('https://www.macrumors.com/2014/10/29/probendi-android-iwatch/'), but company director Daniele Di Salvo now says the project is "in standby."
This bit paints a picture.
Score: 11 Votes (Like | Disagree)
Chuck Kostalnick Avatar
82 months ago
This is quite a silly lawsuit. Oh well, nothing like a company that is struggling to stay in business sue Apple to try and stay afloat.
Score: 8 Votes (Like | Disagree)
iConnected Avatar
82 months ago
Apple Watch = a watch.

iWatch = health and safety communication software.

Where is the scope for consumer confusion with their products / services, exactly?

Move along, Probendi.
Score: 6 Votes (Like | Disagree)
bbeagle Avatar
82 months ago
So Coca-Cola is not allowed to use 'Pepsi' as a sponsored link? I don't know of any law that says this is illegal.
Score: 5 Votes (Like | Disagree)
Proven-PPC-Mgr Avatar
82 months ago
I own an online advertising agency that manages Google Adwords ads for many clients and I'm a Certified Google Adwords Professional. You can bid on any trademarked keyword, but you can not include the trademarked word in your ad.

The people who manage Apple's ads on Google did nothing wrong here.

Anyone who does this for a living knows these specific details about Google's advertising policies, so it's a level playing field. For example, Probendi (or anyone else) could even bid on the keyword "apple watch" and there's nothing Apple can do about it as long as "apple watch" isn't anywhere in the ad text.
Score: 5 Votes (Like | Disagree)
unplugme71 Avatar
82 months ago
Yep, because I can release a trike called a BMW, (which is not a car), and they wouldn’t get upset about it.
Actually BMW manufacturers motorcycles. It's very similar, so yes, they would get upset about it. Now if your BMW made waffles, then shoot for the stars buddy.
Score: 4 Votes (Like | Disagree)

Related Stories

youtube apple tv

YouTube Discontinuing 3rd-Generation Apple TV App, AirPlay Still Available

Wednesday February 3, 2021 3:09 pm PST by
YouTube is planning to stop supporting its YouTube app on the third-generation Apple TV models, where YouTube has long been available as a channel option. A 9to5Mac reader received a message about the upcoming app discontinuation, which is set to take place in March.Starting early March, the YouTube app will no longer be available on Apple TV (3rd generation). You can still watch YouTube on...
iPhone 13 Dummy Thumbnail 2

Kuo: iPhone 13 to Feature LEO Satellite Communications to Make Calls and Texts Without Cellular Coverage

Sunday August 29, 2021 7:39 am PDT by
The iPhone 13 will feature low earth orbit (LEO) satellite communication connectivity to allow users to make calls and send messages in areas without 4G or 5G coverage, according to the reliable analyst Ming-Chi Kuo. In a note to investors, seen by MacRumors, Kuo explained that the iPhone 13 lineup will feature hardware that is able to connect to LEO satellites. If enabled with the relevant...
General Apps Messages

Android iMessage Competitor Puts Pressure on Apple

Friday July 30, 2021 3:15 am PDT by
Google and the three major U.S. carriers, including Verizon, AT&T, and T-Mobile, will all support a new communications protocol on Android smartphones starting in 2022, a move that puts pressure on Apple to adopt a new cross-platform messaging standard and may present a challenge to iMessage. Verizon recently announced that it is planning to adopt Messages by Google as its default messaging...
os x mountain lion macs 16x9 2

Apple Makes OS X Lion and Mountain Lion Free to Download

Wednesday June 30, 2021 12:19 pm PDT by
Apple recently dropped the $19.99 fee for OS X Lion and Mountain Lion, making the older Mac updates free to download, reports Macworld. Apple has kept OS X 10.7 Lion and OS X 10.8 Mountain Lion available for customers who have machines limited to the older software, but until recently, Apple was charging $19.99 to get download codes for the updates. As of last week, these updates no...
bluetti eb70 main

MacRumors Giveaway: Win a Bluetti EB70 Portable Power Station and 200W Solar Panel

Friday September 3, 2021 11:13 am PDT by
For this week's giveaway, we've teamed up with MAXOAK to offer MacRumors readers a chance to win a Bluetti portable power station and an accompanying solar panel. Bluetti makes a range of portable power station options that are useful for camping, emergencies, power outages, off-grid living, and similar situations. The Bluetti EB70 is a solid middle of the road option that offers 716Wh and...
apple privacy

Apple Publishes FAQ to Address Concerns About CSAM Detection and Messages Scanning

Monday August 9, 2021 1:50 am PDT by
Apple has published a FAQ titled "Expanded Protections for Children" which aims to allay users' privacy concerns about the new CSAM detection in iCloud Photos and communication safety for Messages features that the company announced last week. "Since we announced these features, many stakeholders including privacy organizations and child safety organizations have expressed their support of...
General Spotify Feature

Spotify Pauses Plans to Add AirPlay 2 Support to iOS App [Update: Spotify Clarifies]

Friday August 6, 2021 9:07 am PDT by
See update at bottom of article Spotify this week confirmed that its plans to add AirPlay 2 support to its iOS app have been placed on indefinite hiatus. In an online discussion forum post, a Spotify representative said the streaming music service had been working on supporting AirPlay 2, but the company has paused the efforts "for now" due to "audio driver compatibility issues." The...
iphone 13 teal with text

Apple Begins Preparation for iPhone 13 Production Ahead of Fall Launch

Monday June 28, 2021 3:29 am PDT by
We're just a few months away from when Apple is expected to reveal the 2021 iPhone, dubbed the "iPhone 13." In preparation for its launch, it has been pulling in shipments of different components needed to produce the new iPhones, according to a report from DigiTimes. In years past, Apple released its latest iPhone lineup, alongside a new Apple Watch, during a September event at Apple Park....
General Spotify Feature

Spotify Partners With Delta to Provide Free In-Flight Music and Podcasts Service

Thursday September 2, 2021 12:59 am PDT by
Spotify has announced a new partnership with Delta that will see the streaming service take over the "audio" section of Delta's in-flight seatback entertainment, making select playlists and podcasts freely available to all passengers. You are now free to roam about the cabin—and get the music and podcasts you love at 30,000 feet. Beginning today, we're taking off in a new partnership with...
iphone 12 colors 2021

iPhone 12 Colors: Deciding on The Right Color

Thursday November 5, 2020 8:35 am PST by
The iPhone 12 and iPhone 12 Pro arrived in October 2020 in a range of color options, with entirely new hues available on both devices, as well as some popular classics. The 12 and 12 Pro have different color choices, so if you have your heart set on a particular shade, you might not be able to get your preferred model in that color. iPhone 12 mini and iPhone 12 The iPhone 12 mini and iPhone...