Luxury Watchmakers Cracking Down on 'Pirated' Smartwatch Faces

[Tim0]

Companies do that all the time. You must get the permission (with a few exceptions) from the copyright owner in order to use the likeness of copyrighted material. A watch face can certainly be copyrighted.
This isn't something new or unusual.

What I'm really curious is this: Are they, really? I mean, is there an actual copyright for a watch face (as opposed to watch itself).

Another piece of information I never found about $21M Apple-SBB settlement is what year exactly the SBB station clock design was copyrighted? I bet no one could've come up with the idea in 1944, and apparently there are tons of similar clocks/watches all over the world as this article suggests:
http://hubpages.com/hub/swiss-railway-clock
(Other Clocks Similar to the Swiss Railway Clock).
Somehow I doubt if SBB really went into great pains trying to figure out whether these "similar" design made over the years were in fact the same or had slight differences. But, lo and behold, here comes Apple and a chance to rip $21M, setting a precedent and giving the copyright infringement argument a whole new dimension. Sure, Apple is rich, they can afford it, especially since they were involved in a huge patent battle with Samsung and such at a time and needed some ammo. But seriously, people… Isn't it like Microsoft patenting the word and the concept of "Windows"? Or the window interface, for that matter? A watch is a watch, a dial is a dial, and no one is hurt if it is reproduced on a digital device. It's not like they're sold for profit, they're just wallpapers for the screen. However, if they are sold for profit, that could be another story.

 

[tonyy]

As a watchmaker - the term " watch face" makes me cringe. Anyone that studies Horology and/or a luxury watch buff knows it's called a "dial."

 

[Attonine]

https://torrentfreak.com/luxury-watchmakers-target-pirate-smartwatch-faces-141122/

This site has a longer article with more details. It seems this may be part of a larger play with regard to counterfeit and fake watches.

For those asking about copyright, a quote form the article:

"Swatch-owned Omega had also been busy, targeting a forum with demands that all Omega faces should be removed on “registered trademark, copyright and design rights” grounds."

So it seems that the answer is yes, a watch face can be copyrighted, and why not? It's a legitimately designed part of a product after all.

 

[rjlawrencejr]

I seriously doubt a watchface inspired by an Omega design is copyrightable (they can try though) any more than Audi can sue Hyundai for the design of the Genesis (which bears a striking resemblance to the A7).

I should add as long as the Omega logo is not used in any way.

 

[Attonine]

I seriously doubt a watchface inspired by an Omega design is copyrightable (they can try though) any more than Audi can sue Hyundai for the design of the Genesis (which bears a striking resemblance to the A7).

I should add as long as the Omega logo is not used in any way.

A lot of the digital designs do have the logos on though, and are more than inspired copies, they are exact copies.

 

[Tim0]

Money.Grab.

SBB did not really lose $21M over the fact that Apple used that design in iOS, and the author of the original clock has died in 1993.

Come think of it, Apple didn't make $21M profit on that design either.

 

[AlecZ]

Why can't all companies sit down and establish some kind of standard together for plain smartwatch faces? (standard 12/24 hours clock with the date)

I think this would happen:

 

[yjchua95]

Kinda reminds me of the buggy whip manufacturers trying to deal with those new “horseless carriages”.

They should be embracing change and offering to sell licenses to their watch faces.

He who fails to learn from history is doomed to repeat it.

 

[AlecZ]

I doubt that nearly enough will be done to prevent people from using copyrighted watch faces. They're so easy to upload and download. It'll be like video game ROMs all over again. All these sites like CoolROMs get away with everything.

 

[John.B]

What I'm really curious is this: Are they, really? I mean, is there an actual copyright for a watch face (as opposed to watch itself).

Distinctive designs can be granted registered trademarks or design patents, like the shape of a Coke bottle or the headstock of a Gibson guitar.

The advantage of trademarks is that they can be maintained in perpetuity, assuming the rightsholder defends the trademark, which means suing copycats.

 

[NY Guitarist]

If I buy a Apple Watch I'd gladly pay for optional watch faces.

But rather than just copying the look of certain watches I'd really want something unique and that enhances the functionality of the watch.

 

[gnasher729]

What I'm really curious is this: Are they, really? I mean, is there an actual copyright for a watch face (as opposed to watch itself).

Another piece of information I never found about $21M Apple-SBB settlement is what year exactly the SBB station clock design was copyrighted? I bet no one could've come up with the idea in 1944, and apparently there are tons of similar clocks/watches all over the world as this article suggests:
http://hubpages.com/hub/swiss-railway-clock
(Other Clocks Similar to the Swiss Railway Clock).
Somehow I doubt if SBB really went into great pains trying to figure out whether these "similar" design made over the years were in fact the same or had slight differences. But, lo and behold, here comes Apple and a chance to rip $21M, setting a precedent and giving the copyright infringement argument a whole new dimension. Sure, Apple is rich, they can afford it, especially since they were involved in a huge patent battle with Samsung and such at a time and needed some ammo. But seriously, people… Isn't it like Microsoft patenting the word and the concept of "Windows"? Or the window interface, for that matter? A watch is a watch, a dial is a dial, and no one is hurt if it is reproduced on a digital device. It's not like they're sold for profit, they're just wallpapers for the screen. However, if they are sold for profit, that could be another story.

The design of the Swiss Railway Clock is very distinctive. It is a very nice design, so many people will buy a watch because of that design. And they license the design to watchmakers, that's why you see plenty of watches in that design. And some watchmakers will try to get away with making a watch design that resembles this clock as much as possible while _not_ falling under the copyright or design patent or whatever they have and _not_ paying for a license, which is why you will also see watches with similar designs.

Someone at Apple was stupid enough to copy the watch design, and others didn't notice that it was a copied design. It appeared on millions of devices, Apple put themselves into an impossible negotiation position, that's why it got expensive.

If you can't see that the Swiss Railway Clock is absolutely distinctive, and that there is a million ways to design a clock face that is different from it, I feel sorry for you.

 

[RightMACatU]

No Honey Boo Boo face theme, no money

 

[oliversl]

SmartWatches are DOA, no way people will charge that thing every day for more than 1 year.

 

[Ciclismo]

SmartWatches are DOA, no way people will charge that thing every day for more than 1 year.

I have been doing that for over a year now. I guess I'm not "people".

 

[aarond12]

Why are these guys copying a $35 Casio watch face? Jeez...

http://www.amazon.com/Casio-W753D-1...941205&sr=8-2&keywords=casio+watch+moon+phase

 

[C DM]

SmartWatches are DOA, no way people will charge that thing every day for more than 1 year.

So if people even have that for 1 year that means it's far from DOA, right?

 

[Mark Booth]

So how exactly having a digital image of a physical watch on a device constitutes a copyright infringement? This is not an "illicit copy" of a watch, as is the case with the replica, this is just a picture of its face, not unlike those used in the online stores (a bit simplistic, I know). Everyone understands this is an AW, not Cartier. And if AW face bears a Cartier logo, that serves as an advertisement for Cartier in a sense - doesn't it?

As I've already mentioned, you don't know what you are talking about. I encourage you to try to study and understand copyright and trademark law before expressing an obviously uneducated opinion.

Mark

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I seriously doubt a watchface inspired by an Omega design is copyrightable (they can try though) any more than Audi can sue Hyundai for the design of the Genesis (which bears a striking resemblance to the A7).

Yes, your logic explains why Apple settled by paying $21 million to the Swiss National Railway. Apple just did that out of the goodness of its heart and not because the railway had any legitimate claim to the design. Silly Apple!

/sarcasm

Mark

 

[JGRE]

If you knew the brands that they make watches for you might change your tone.

(Michelle, Burberry, Armani, Michael Kors, Marc Jacobs, DKNY, Tory Burch, Diesel)

All crap brands........ These watches have now value after you bay them.

 

[Tim0]

Why are these guys copying a $35 Casio watch face? Jeez...

http://www.amazon.com/Casio-W753D-1...941205&sr=8-2&keywords=casio+watch+moon+phase

Because this is... FUN?

Because someone used to have this watch when they were younger?

There are lots of reasons, really.

Here's a $25/$14 Casio too:
http://www.amazon.com/Casio-A168W-1...416959194&sr=1-1&keywords=electroluminescence

http://facerepo.com/app/faces/details/casio-v2-0-1495996af93

 

[gnasher729]

Money.Grab.

SBB did not really lose $21M over the fact that Apple used that design in iOS, ...

On the contrary, they made $21M

 

[Tim0]

On the contrary, they made $21M

Precisely. That was pure money grab

 

[Mashurrab]

Companies including IWC, Panerai, Omega, Fossil, Armani, Michael Kors, Tissot, Certina, Swatch, Flik Flak, and Mondaine are sending cease-and-desist notices to websites........

Sad brands that actually feel treated by this..........

BTW Klik Flak? never heard off.

Flick Flack as I see it is a kids brand, usually sold in swatch show rooms. Could be owned by swatch as they own many luxury brands

 

[Lictor]

Well, that's a very good thing for the Apple Watch! The last thing the watch of the future needs is developer's innovation grinding to a halt as they're busy copying the old obsolete mechanical watch of the past...
I don't want my Apple Watch face and applications to look like some ugly Rolex. I want faces and innovation to take advantage of the pixel screen to invent innovative designs that will show more and yet be clearer, to invent use case that the 20th century watch designers didn't even dream of...

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I seriously doubt a watchface inspired by an Omega design is copyrightable

I don't see why not. You can copyright a building - it's illegal to sell photos of most modern buildings if you're not authorise. Actually you can even copyright the lighting of a building - for instance, you can sell photos of the Eiffel Tower, but you can't sell photos of the Eiffel Tower at night, because the company that did the lighting owns a copyright over it...
And do I have to remind you that Apple owns a copyright on the look of the iPhone, including the look of the home button. Apple and Samsung have been suing each others about it for ages and that's why you don't have a round home button on Androids...

So, I really don't see why you could not copyright the look of a watch. A design is an original creation of the mind. As such, you're protected as an author. Actually, it is easier to protect a watch face design than the software features of the Apple Watch: software patents are not recognized in Europe whereas design is protected.

 

[Tycho24]

Why can't all companies sit down and establish some kind of standard together for plain smartwatch faces? (standard 12/24 hours clock with the date)

edit: when I wrote this I had "file package" in mind, not sure why I didn't specify in my original post. Sorry for the misunderstanding.

Here's what I meant to write, in more details:

Why can't companies sit down and establish some kind of standard file format and display system for plain smartwatch faces? Ex: buy a watch face from Rolex, install it on your Apple Watch. If the standard was limited to displaying the time and date (with format choices built-in in the standard, i.e. 12/24 hours, ISO date format, etc) then everybody would win. Watch companies, smartwatch companies, authors, users.

I could scarcely be more confident that Apple will have a "watch faces" section on their app store soon enough...

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SmartPhones are DOA, no way people will charge that thing every day for more than 1 year. I mean phones now last for a week. Habits CAN'T adapt to technology.

There... Made that equally short sighted for ya!