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
69 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
69 months ago
The irony being that Apple hasn’t “thought different”(ly) for many years now. Next!
Score: 14 Votes (Like | Disagree)
WiiDSmoker Avatar
69 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
69 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
69 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
69 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 Rumored to Use Same Rear Chassis as iPhone 16

Friday July 19, 2024 7:16 am PDT by
Apple will adopt the same rear chassis manufacturing process for the iPhone SE 4 that it is using for the upcoming standard iPhone 16, claims a new rumor coming out of China. According to the Weibo-based leaker "Fixed Focus Digital," the backplate manufacturing process for the iPhone SE 4 is "exactly the same" as the standard model in Apple's upcoming iPhone 16 lineup, which is expected to...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Just Two Months Away: Everything We Know

Monday July 15, 2024 4:44 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 ...
bsod

Crowdstrike Says Global IT Outage Impacting Windows PCs, But Mac and Linux Hosts Not Affected

Friday July 19, 2024 3:12 am PDT by
A widespread system failure is currently affecting numerous Windows devices globally, causing critical boot failures across various industries, including banks, rail networks, airlines, retailers, broadcasters, healthcare, and many more sectors. The issue, manifesting as a Blue Screen of Death (BSOD), is preventing computers from starting up properly and forcing them into continuous recovery...
iphone 14 lineup

Cellebrite Unable to Unlock iPhones on iOS 17.4 or Later, Leak Reveals

Thursday July 18, 2024 4:18 am PDT by
Israel-based mobile forensics company Cellebrite is unable to unlock iPhones running iOS 17.4 or later, according to leaked documents verified by 404 Media. The documents provide a rare glimpse into the capabilities of the company's mobile forensics tools and highlight the ongoing security improvements in Apple's latest devices. The leaked "Cellebrite iOS Support Matrix" obtained by 404 Media...
Apple Watch Series 9

2024 Apple Watch Lineup: Key Changes We're Expecting

Tuesday July 16, 2024 7:59 am PDT by
Apple is seemingly planning a rework of the Apple Watch lineup for 2024, according to a range of reports from over the past year. Here's everything we know so far. Apple is expected to continue to offer three different Apple Watch models in five casing sizes, but the various display sizes will allegedly grow by up to 12% and the casings will get taller. Based on all of the latest rumors,...
tinypod apple watch

TinyPod Turns Your Apple Watch Into an iPod

Wednesday July 17, 2024 3:18 pm PDT by
If you have an old Apple Watch and you're not sure what to do with it, a new product called TinyPod might be the answer. Priced at $79, the TinyPod is a silicone case with a built-in scroll wheel that houses the Apple Watch chassis. When an Apple Watch is placed inside the TinyPod, the click wheel on the case is able to be used to scroll through the Apple Watch interface. The feature works...