Apple has filed a grievance towards Swatch in a Swiss court docket over the usage of the phrase Tick Completely different in a advertising and marketing marketing campaign.
Swatch is utilizing the slogan to market a wristwatch containing a contactless fee chip.
Apple says the phrase unfairly references its Assume Completely different marketing campaign, which ran within the 1990s.
In accordance with Swiss news site Watson, Swatch chief govt Nick Hayek mentioned the similarity was purely coincidental.
He mentioned the slogan was a nod to one in all its personal campaigns from the 1980s: “At all times completely different, all the time new.”
Apple used Assume Completely different in its adverts from 1997 to 2002, in what was regarded as a response to IBM’s Assume advert marketing campaign.
A 1998 tv advert, that includes black-and-white photos of historic figures similar to Einstein and Gandhi, received an Emmy.
Within the grievance to the Swiss Federal Administrative Court docket, Apple’s attorneys Lenz & Staehelin mentioned the tagline was lengthy thought of “the core of the Apple model”.
Authorized consultants say that, to win the case, Apple should present that Swatch’s use of the phrase Tick Completely different provokes an affiliation with Apple merchandise within the minds of not less than 50% of customers.
An identical grievance lodged on the identical time with the Swiss Federal Institute of Mental Property was rejected.
Swatch was granted trademark standing for the phrase Tick Completely different within the US in 2015. It additionally has the trademark for the slogan in Switzerland.
This isn’t the primary time the 2 corporations have clashed.
In September final 12 months, the UK Mental Property Workplace upheld Swatch’s opposition to Apple’s efforts to trademark “iWatch” within the UK.
It dominated that the time period was too near “iSwatch” and “Swatch”.