Apple Loses Its ‘Slogan’ Case Against Swatch

One of the ongoing trademark infringement lawsuits between the world-famous watch brands Swatch and Apple has been concluded today. This lawsuit, which is the longest ongoing lawsuit between the two companies, is Swatch’s ‘Tick ​​Different‘ was due to the use of the slogan. Apple sued Swatch in April 2017 because this slogan was similar to its own.Think Different‘ was.

In the case that first started in Switzerland, Switzerland’s Federal Administrative Court stated in 2019 that Apple’s slogan was not widely known in the region. Court to justify Apple At least 50% of Swedes need to know the sloganHe stated that there is no evidence of this. Apple, who was wrong in the case, later brought the same case to the Court of Justice of the European Union.

The European Union also found Apple unfair:

The General Court of the European Union announced the outcome of the case in question today. The court ruled that Apple’s original decision of the Swiss court denied the allegations of wrongdoing. In the summary of the decision it shared, the court stated that Apple’s claim was “based on a misreading of controversial decisions”.

The trademark owner declares that the word or phrase is either distinctive on its own or that its use is adopted and known. have to prove that they have acquired distinctiveness is happening. The European Union court also denied that Apple disagreed that the slogan was distinctive, but said consumers did not have enough distinctiveness to confuse the slogan with the slogan ‘Tick Different’.