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
70 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
70 months ago
The irony being that Apple hasn’t “thought different”(ly) for many years now. Next!
Score: 14 Votes (Like | Disagree)
WiiDSmoker Avatar
70 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
70 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
70 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
70 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

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...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...