A Swiss court has backed Swatch in a trademark row with Apple over the watchmaker's use of the "Tick Different" slogan, which Apple has argued unfairly references the Californian company's successful 1990s "Think Different" ad campaign for its own gain.

3439342647782506

Image: Swatch

Reuters reports that in a ruling released on Tuesday, the Federal Administrative Court agreed with Swatch that Apple's "Think Different" was not known well enough in Switzerland to warrant protection, and that Apple had not produced documents that sufficiently backed up its case.

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

Apple originally filed a complaint in 2017 over Swatch's use of the slogan, but Swatch claimed its use of "Tick Different" has its origins in an 80s Swatch campaign that used the phrase "Always different, always new", and argued 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.

Before the Apple Watch launched, Apple and Swatch were rumored to be joining together on a smartwatch, but nothing 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

apolloa Avatar
66 months ago
Good!! This is a sad attempt at control of other companies by Apple, it seriously needs to get over itself with these ridiculous claims, like when it tried to sue that little coffee shop because it’s logo looked ‘vaguely’ like Apple’s!

They are only seen as the big over reaching bully in these cases and it will affect their reputation with customers if it’s widely reported.
Score: 15 Votes (Like | Disagree)
BruceEBonus Avatar
66 months ago
The irony being that Apple hasn’t “thought different”(ly) for many years now. Next!
Score: 14 Votes (Like | Disagree)
WiiDSmoker Avatar
66 months ago
So Apple utilized “Think” to be “Think Different” from IBM and they have the gall to go after “Tick Different”. Hypocrite
Score: 14 Votes (Like | Disagree)
makitango Avatar
66 months ago
Apple doesn't sue little coffee shops, you're really projecting here.
Actually they did, and not just on one account.
Score: 9 Votes (Like | Disagree)
69Mustang Avatar
66 months ago
Why are you on an Apple fan site then? God the comments on here are always so miserable and cancerous. NEXT!
Just a guess, but they're probably here for the same reason you are... to render their opinion on various topics. Sycophancy is not a prerequisite for posting on MR.:D:p

On topic: As an American, Swatch's slogan seems way too close to Apple's for it to be a coincidence. It seems obvious 'Think Different' was the inspiration. Not being Swiss, I don't know how much 'Think Different' resonated with the people in Switzerland. According to the court, not as much as Apple thought.
Score: 9 Votes (Like | Disagree)
Nuvi Avatar
66 months ago
That said, Apple hasn’t been “thinking different” since the launch of iPhone. “Think different” was play IBM’s slogan (Think) so I can’t say Swatch is stealing something that is inherently Apple. However, I have hard time understanding what Swatch means with “Tick different”. After all, Swatch is the IBM of wristwatches...
Score: 8 Votes (Like | Disagree)

Popular Stories

maxresdefault

Apple Announces 'Let Loose' Event on May 7 Amid Rumors of New iPads

Tuesday April 23, 2024 7:11 am PDT by
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...
Apple Silicon AI Optimized Feature Siri

Apple Releases Open Source AI Models That Run On-Device

Wednesday April 24, 2024 3:39 pm PDT by
Apple today released several open source large language models (LLMs) that are designed to run on-device rather than through cloud servers. Called OpenELM (Open-source Efficient Language Models), the LLMs are available on the Hugging Face Hub, a community for sharing AI code. As outlined in a white paper [PDF], there are eight total OpenELM models, four of which were pre-trained using the...
Apple Vision Pro Dual Loop Band Orange Feature 2

Apple Cuts Vision Pro Shipments as Demand Falls 'Sharply Beyond Expectations'

Tuesday April 23, 2024 9:44 am PDT by
Apple has dropped the number of Vision Pro units that it plans to ship in 2024, going from an expected 700 to 800k units to just 400k to 450k units, according to Apple analyst Ming-Chi Kuo. Orders have been scaled back before the Vision Pro has launched in markets outside of the United States, which Kuo says is a sign that demand in the U.S. has "fallen sharply beyond expectations." As a...
iOS 18 Siri Integrated Feature

iOS 18 Rumored to Add These 10 New Features to Your iPhone

Wednesday April 24, 2024 2:05 pm PDT by
Apple is set to unveil iOS 18 during its WWDC keynote on June 10, so the software update is a little over six weeks away from being announced. Below, we recap rumored features and changes planned for the iPhone with iOS 18. iOS 18 will reportedly be the "biggest" update in the iPhone's history, with new ChatGPT-inspired generative AI features, a more customizable Home Screen, and much more....
iPad And Calculator App Feature 1

Apple Finally Plans to Release a Calculator App for iPad Later This Year

Tuesday April 23, 2024 9:08 am PDT by
Apple is finally planning a Calculator app for the iPad, over 14 years after launching the device, according to a source familiar with the matter. iPadOS 18 will include a built-in Calculator app for all iPad models that are compatible with the software update, which is expected to be unveiled during the opening keynote of Apple's annual developers conference WWDC on June 10. AppleInsider...