Apple loses a new lawsuit against Swatch. The General Court of the European Union has just published its judgment, in which it rejects Apple’s action in the “Tick Different” slogan case.
Remember: in 2017, Apple filed a complaint against the watchmaker Swatch for its use of the slogan “Tick Different”. Unsurprisingly, Apple’s lawyers found the phrase a little too close to the famous “Think Different”, used in many advertisements at the end of the 90s. Faced with a lack of recent renewal in Europe by the American company, Swatch files several trademark revocation requests. She then used “Tick Different” to promote her Bellamy watches, equipped with an NFC chip for contactless payment.
The watchmaker won a first round in 2019 when the Swiss federal administrative court dismissed Cupertino. The authority estimated that Apple had failed to prove that at least 50% of consumers associated “Think Different” with its brand. Undeterred, the iPhone maker took the case to the General Court of the European Union, which has just issued another negative judgment.
For the court, Apple failed to prove ” the genuine use of these marks for the products concerned during the five years preceding October 14, 2016 “. It must be said that Cupertino had not registered the “Think Different” trademark since 2005. The text specifies that while numerous press articles relayed the success of the advertising campaign, these date from more than ten years before the period involved in the trial.
The court insists on the fact that she recognizes that the slogan “Think Different” evokes Apple. However, she attributed to him ” a rather weak distinctive character “. In addition, Cupertino reportedly provided iMac sales figures to support its claims, but the court explained that the figures given were international and therefore imprecise in relation to sales in the EU. As it stands, he explains that he finds no violation of the right to be heard and dismisses the American company.
Apple and Swatch are not their first case. Since 2015, the Swiss group has redoubled its creativity to annoy Apple by filing slogans similar to its own or with the help of legal actions. In the same genre, he also trademarked the slogan “One More Thing”, pleading a resemblance to… Detective Columbo, who tricked the culprits by asking them ” one last thing “.