• Did you order new AirTags? We've opened a dedicated AirTags forum.

MacRumors

macrumors bot
Original poster
Apr 12, 2001
52,483
14,174



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.

3439342647782506-800x450.jpeg
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".

Article Link: Swiss Court Backs Swatch in 'Tick Different' Trademark Row With Apple
 
  • Like
Reactions: apolloa

apolloa

Suspended
Oct 21, 2008
12,318
7,798
Time, because it rules EVERYTHING!
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.
 
Last edited:
Comment

Iconoclysm

macrumors 68030
May 13, 2010
2,506
1,769
Washington, DC
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 tries 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.

Apple doesn't sue little coffee shops, you're really projecting here.
 
Comment

jagolden

macrumors 65816
Feb 11, 2002
1,169
850
Would anyone expect a different ruling?
Sorry, but "Tick Different" sends me right to "Think Different".
 
  • Like
Reactions: realtuner
Comment

69Mustang

macrumors 604
Jan 7, 2014
7,809
14,819
In between a rock and a hard place
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.
 
Comment

Relentless Power

macrumors Nehalem
Jul 12, 2016
35,369
38,277
The slogan is just too coincidental to Apples years back, even though their intentions may or may not have been malicious, one should know, or at least vaguely recognize that ‘Think different’ was Apples slogan prior.
 
Comment

timber

macrumors 6502a
Aug 30, 2006
636
855
Lisbon
Probably the mainly US audience in this site would find ridiculous that anyone can't see the similarity between both slogans.

But remember, Think different is in English and Apple is not that relevant in Europe especially in the 90s.

Those that are here are Apple fans and know everything.
 
Comment

GrumpyMom

macrumors G3
Sep 11, 2014
9,509
13,646
So Apple utilized “Think” to be “Think Different” from IBM and they have the gall to go after “Tick Different”. Hypocrite
Yeah I was surprised IBM did not go after them on the same basis as Apple is pursuing this suit. However there’s just a nuance of difference there between the two situations that I could see the lawyers playing.

Apple is probably sore they lost the iWatch trademark in the U.K. due to Swatch. I’d wondered why they called it Apple Watch instead of iWatch. I do like Apple Watch better, anyway. iWatch sounds like “eyewash” or like something you are doing.

I haven’t worn a Swatch in decades. The ones I bought in the 1980’s did not stand the test of time. The plasticizers broke down and my much beloved Swatches were a gross mess after 25 years.
 
Comment

Porco

macrumors 68040
Mar 28, 2005
3,164
6,154
On one hand (heheh) it is obviously very similar, and I don’t believe for a second (heheh) that Swatch weren’t fully aware of Apple’s Think Different marketing.

But on the other hand (heheh), Apple haven’t used it for a long time (heheh) and if it wasn’t as well-known in Switzerland maybe they should get over it. Just how long should a company have legal protection over two words being used together for marketing, let alone one word being used with a similar word... ?!
 
Comment

Nuvi

macrumors 65816
Feb 7, 2008
1,041
473
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...
 
Last edited by a moderator:
Comment

69Mustang

macrumors 604
Jan 7, 2014
7,809
14,819
In between a rock and a hard place
On one hand (heheh) it is obviously very similar, and I don’t believe for a second (heheh) that Swatch weren’t fully aware of Apple’s Think Different marketing.

But on the other hand (heheh), Apple haven’t used it for a long time (heheh) and if it wasn’t as well-known in Switzerland maybe they should get over it. Just how long should a company have legal protection over two words being used together for marketing, let alone one word being used with a similar word... ?!
Swatch has been trolling Apple for a while now. They actually trademarked "One more thing". As @GrumpyMom pointed out, they trademarked iSwatch and blocked Apple from using iWatch. Now this. From a legal standpoint Swatch is the Road Runner and Apple is Wile E. Coyote.
 
Comment

Porco

macrumors 68040
Mar 28, 2005
3,164
6,154
Swatch has been trolling Apple for a while now. They actually trademarked "One more thing". As @GrumpyMom pointed out, they trademarked iSwatch and blocked Apple from using iWatch. Now this. From a legal standpoint Swatch is the Road Runner and Apple is Wile E. Coyote.

They should make a watch with an alarm that goes ‘meep meep!’* :D

*or ‘beep beep’ or ‘hmeep hmeep’ according to preference...
 
Comment

H3LL5P4WN

macrumors 68030
Jun 19, 2010
2,730
3,044
Pittsburgh PA
So this judge is suggesting, based upon "Think Different" not being well known enough, that Switzerland is just some backwater cheese making place?
 
  • Like
Reactions: Tivoli_
Comment

Khedron

macrumors 68020
Sep 27, 2013
2,156
4,243
So this judge is suggesting, based upon "Think Different" not being well known enough, that Switzerland is just some backwater cheese making place?

Or he's suggesting that adverts screened decades ago in the US aren't the first thing in Swiss people's minds?

Next Apple will sue Apple Cart pubs because their name is too similar to their Apple Card service.
 
Comment
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.