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.

3439342647782506

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

Avieshek Avatar
95 months ago
I bet, Apple has more lawyers than engineers.
Score: 22 Votes (Like | Disagree)
anthorumor Avatar
95 months ago
Ironically, Apple aren't thinking differently these days.
Score: 22 Votes (Like | Disagree)
needfx Avatar
95 months ago
Previously on Corporations.
Score: 15 Votes (Like | Disagree)
Hermes Monster Avatar
95 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)
8692574 Avatar
95 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)
ck2875 Avatar
95 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)

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...