Apple Sues Swatch Over 'Tick Different' Marketing Campaign

[MacRumors]

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".

Article Link: Apple Sues Swatch Over 'Tick Different' Marketing Campaign

 

[djcerla]

"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. "

Nope.

 

[needfx]

Previously on Corporations.

 

[Hermes Monster]

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

 

[Avieshek]

I bet, Apple has more lawyers than engineers.

 

[djcerla]

I bet, Apple has more lawyers than engineers.

OK. Is $1000 fine?

 

[Michaelgtrusa]

The money could be better spent on solving domestic issues.

 

[anthorumor]

Ironically, Apple aren't thinking differently these days.

 

[lyngo]

The money could be better spent on solving domestic issues.

That is so true! There are so many better worthwhile endeavors, too. Many of these would be better for PR. This just makes Apple look even more desperate and petty!

 

[jaymie1983]

One of these days Apple will fall on their own sword, What kind of petty minded fools thinks they own the English language? Btw a real watch will last a hell of a lot longer than these crappy apple watches

 

[peterppp]

Well, this SMART watchmaker managed to manufacture the car.
Where is your car, Apple?? Better to start spending money on engineers than lawyers.

 

[AronDraws]

I wouldn't have connected them on my own. Honestly this is a little silly.

 

[arthography]

if it's only for Switzerland, it shouldn't be in English. From 4 official languages in Switzerland, none of them is English. It's obvious they're leeching on Apple's slogan.

 

[BlueParadox]

Should've gone with: "Tick Differently"...?

 

[ck2875]

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.

 

[Luigi55]

Maybe Apple can sue also "Think Pink"...

 

[technopimp]

#suealltheworld

 

[Kes.Siebring]

Majority of apple users will think about "Think different", I doubt that majority of swatch watch owners will ever think about some 80s ad slogan "Always different, always new".
IMHO.

Really :

a) Tick different = Think different
b) Tick different = Always different, always new

 

[iLLUMI]

Who at Apple is behind all these law suits? I mean who is the person that says/thinks/believes/decides that "this is worthy of a law suit"?

I seriously don't think that anyone, even remotely, is going to associate Swatch with Apple.

If only Apple focused their time, money, energy etc on developing new technology, perfecting older technology and listening to their customers then they would be much farther ahead than they are now.
All this wasting time and money on law suits is setting them back and p***ing the rest of us off.

 

[DoctorDoctor]

That is so true! There are so many better worthwhile endeavors, too. Many of these would be better for PR. This just makes Apple look even more desperate and petty!

More desperate ?? Apple isn't desperate at all. They are doing more than fine.
[doublepost=1491911029][/doublepost]You people that are claiming Apple is petty and they should spend their money somewhere else are clueless to business.

 

[mkeeley]

Well, this SMART watchmaker managed to manufacture the car.
Where is your car, Apple?? Better to start spending money on engineers than lawyers.

Actually Mercedes did.

 

[KazuSnow]

The money could be better spent on solving domestic issues.

It's going to cost a lot more than this to kill off half the population of the states and their cheese puff...

 

[Cloudkicker]

If Apple wants to OWN the word "different", then Swatch should counter ownership of the word "switch" & the two companies can't use each other's forbidden words & say in a public statement:

"SO THERE! "

lol It'll be difficult for Apple to tell potential customers to dump (?) Samsung phones & Fitbit health monitors w/out saying "switch".

 

[Chupa Chupa]

In my mind it looks like an obvious play on Apple's once tag line and swipe at the AW. But I've been closely following Apple and buying its products for nearly 30 years. But I'm not the avg. Joe here. I'm unsure too many people would make the association here which saves Swatch but is also a fail in that "Tick Differently" is kinda dumb giving the unremarkable features of the watch.

 

[Cloudkicker]

A good thing Apple's watches don't actually tick (I don't own one, never seen one in-person... just assume), since Swatches '80s ads were:

"The family that ticks together sticks together."