Apple Sues Swatch Over 'Tick Different' Marketing Campaign

by

Apple has filed a complaint in a Swiss court over the use of the slogan "Tick Different" in a Swatch marketing campaign, arguing that the watchmaker is unfairly referencing the Californian company's successful 1990s "Think Different" ad campaign for its own gain.

The complaint was lodged last week at the Swiss Federal Administrative Court by Apple representatives Lenz & Staehelin, whose lawyers filed a simultaneous but ultimately unsuccessful complaint with the Swiss Federal Institute of Intellectual Property.

Image: Swatch

Swatch has been using the "Tick Different" slogan on its Bellamy quartz wristwatch with built-in NFC Visa payment technology. According to Watson, in order to successfully win the case Apple must show that Swatch's use of the phrase triggers an association with Apple products in the minds of at least 50 percent of consumers.

Swatch CEO Nick Hayek has reportedly rejected the allegation that it is capitalizing on Apple branding. Hayek claimed that the "Tick Different" slogan has its origins in an 80s Swatch campaign that used the phrase "Always different, always new", and says that any similarity with Apple is purely coincidental.

The "Think Different" slogan was created in 1997 by Apple advertising agency TBWA\Chiat\Day, and was thought at the time to be a response to IBM's slogan "Think". It was used in TV commercials, print ads, and several TV promos. Disappearance of the slogan in Apple marketing material coincided with the launch of the iMac G4 in 2002.

Prior to the launch of the Apple Watch, Apple and Swatch were rumored to be joining together to introduce a smartwatch, but nothing ever came of it. Swatch filed an application for an "iSwatch" trademark when rumors first began swirling that Apple planned to enter the market. It later managed to block Apple's own U.K. trademark application for "iWatch".

Tag: Swatch

Top Rated Comments

(View all)
Avatar
41 months ago
I bet, Apple has more lawyers than engineers.
Score: 22 Votes (Like | Disagree)
Avatar
41 months ago
Ironically, Apple aren't thinking differently these days.
Score: 22 Votes (Like | Disagree)
Avatar
41 months ago
Previously on Corporations.
Score: 15 Votes (Like | Disagree)
Avatar
41 months ago
I immediately thought of Apple's slogan when I read it, but maybe that's because I'm reading it on an Apple news site
Score: 9 Votes (Like | Disagree)
Avatar
41 months ago
Apple should sue :

Copperfield for using the word "Magic™"
Shell for using the word "Pipelines™"
Lines for using the word "Pad™"
Marvell for using the word "Amazing™"
MTV for using the word "TV™"
Sony for using the word "Play™"
Meucci for using the word "Phone™"
The Romans for using the letter "i™"
All airlines using the word "Air™"
Score: 8 Votes (Like | Disagree)
Avatar
41 months ago

What kind of petty minded fools thinks they own the English language?

Likely the ones who have owned the registered Trademark on "Think Different" since 1997. In Trademark law, if you don't defend your mark against diluting by other companies you risk losing it. "Tick" and "Think" may mean different things but differ by two letters. I can entirely see why they had to protect their mark here.
Score: 8 Votes (Like | Disagree)

Top Stories

Apple Releases macOS Catalina 10.15.5 With Battery Health Management Features, Fix for Finder Freezing

Tuesday May 26, 2020 1:59 pm PDT by
Apple today released macOS Catalina 10.15.5, the fifth update to the macOS Catalina operating system that was released in October 2019. macOS Catalina 10.15.5 comes two months after the launch of macOS Catalina 10.15.4, which introduced Screen Time Communication Limits. macOS Catalina 10.15.5 is a free update that can be downloaded from the Mac App Store using the Update feature in the...

Leaker Shares Details on 'iPhone 13' Camera [Updated]

Wednesday May 27, 2020 4:27 pm PDT by
The next-generation iPhone 12 lineup coming in fall 2020 isn't out yet, but Fudge (@choco_bit), a leaker who sometimes shares information on upcoming Apple devices, today offered up details on what Apple has in store for the 2021 iPhone 13's camera setup. A simple design drawing depicts a device with a four camera array, which Fudge claims will have the following features: 64-megapixel...

Leaker: Apple to Stick With Lightning Over USB-C for 'iPhone 12' Before Going Port-Less Next Year

Tuesday May 26, 2020 2:31 am PDT by
Apple will use a Lightning port instead of USB-C in the upcoming "iPhone 12," but it will be the last major series of Apple's flagship phones to do so, with models set to combine wireless charging and a port-less Smart Connector system for data transfer and syncing in the iPhone "13 series" next year. The above claim comes from occasional Apple leaker and Twitter user "Fudge" (@choco_bit),...

16-Inch MacBook Pro, iPad Pro, and iMac Pro With Mini-LED Displays Again Rumored to Launch in 2021

Tuesday May 26, 2020 5:30 am PDT by
Apple plans to release several higher-end devices with Mini-LED displays in 2021, including a new 12.9-inch iPad Pro in the first quarter, a new 16-inch MacBook Pro in the second quarter, and a new 27-inch iMac in the second half of the year, according to Jeff Pu, an analyst at Chinese research firm GF Securities. This timeframe lines up with one shared by analyst Ming-Chi Kuo, who recently...

Apple Begins Selling Refurbished iPhone XR Models

Thursday May 28, 2020 9:50 pm PDT by
Apple today began selling certified refurbished iPhone XR models in select colors and capacities for the first time in the United States. Refurbished iPhone XR models are priced at a roughly 16 percent discount compared to current pricing on brand-new units, knocking $100–120 off of the regular price. In addition to the 64GB and 128GB capacities matching current brand-new iPhone XR models, ...

Apple Making It Harder to Avoid Nagging macOS Update Notifications

Thursday May 28, 2020 8:13 am PDT by
With the release of macOS Catalina 10.15.5 and related security updates for macOS Mojave and High Sierra earlier this week, Apple is making it more difficult for users to ignore available software updates and remain on their current operating system versions. Included in the release notes for macOS Catalina 10.15.5 is the following:- Major new releases of macOS are no longer hidden when...

HBO Max Now Available on Apple TV and iOS Devices

Wednesday May 27, 2020 2:42 am PDT by
HBO Max launched today, and is now available on Apple TV, iPhone, and iPad. WarnerMedia's new streaming service, which replaces HBO Now, combines HBO content with shows and films from Warner Bros and Turner TV. The service is available as a native app on the ‌Apple TV‌ HD and ‌Apple TV‌ 4K, but second and third-generation ‌Apple TV‌ owners will need to AirPlay HBO Max content...

Powerbeats Pro Debut in Four New Colors: Spring Yellow, Cloud Pink, Lava Red, and Glacier Blue

Friday May 29, 2020 10:00 am PDT by
Following a couple of leaks in recent weeks, Beats today is officially announcing four new colors for its Powerbeats Pro wireless earphones: Spring Yellow, Cloud Pink, Lava Red, and Glacier Blue. The new earphones will go on sale June 9 and sell for the same $249.95 price as the existing color options. Aside from the colors, the new Powerbeats Pro models are otherwise identical to the...

Anker Launches $100 24K Gold-Plated USB-C to Lightning Cable

Wednesday May 27, 2020 12:47 pm PDT by
Anker, a brand normally known for its well-made, affordable accessories for Apple devices, has debuted a new $100 24K gold-plated USB-C to Lightning cable. According to Anker, the cable, which is in the PowerLine+ III family, features a "Special Edition Gold Design" that's "bold yet elegant" with the aforementioned gold-plated cable heads and matching braided gold and black cable. The...

More Photos and Video of Apple's Redesigned Leather Loop Watch Band Surface

Thursday May 28, 2020 10:50 am PDT by
Images of a new version of the Leather Loop that Apple appears to have in development surfaced yesterday, and today, Vietnamese site Tinhte.vn has shared additional photos and videos that give us a clearer picture of what to expect from the new band. The bands come in colors that include red, hot pink, blue, black, and brown, with some of the bands featuring different colored accents at the...