Apple sued the manufacturer of Swiss watches Swatch because of the use of the slogan “Tick different” (“Tick differently”) in one of the models. In court, the company is going to prove it is consonant with the slogan “Think different”, which Apple used from 1997 to 2002.
The slogan “Tick different” Swatch came up with an ad for watches that support contactless payments via NFC. This Apple Pay feature is used in Apple watches.
Earlier, Apple tried to ban Swatch from using the slogan by submitting a complaint to the Swiss Federal Institute for Intellectual Property, but failed to prove the case by refusing. Now the company is going to submit an application to the court, where it is waiting for a check on the reliability of the trademark.
In addition, Apple must prove that more than 50% of the Swiss population associate the slogan “Tick different” with the Apple brand.
Swatch CEO Nick Hayek has already commented on Apple’s accusations. According to him, the similarity of the two slogans is a coincidence, and the new slogan of the company dates back to the 80s, when Swatch conducted an advertising campaign “Always different, always new” (“Always different, always new”).
The slogan “Tick different” is in tune with the Apple slogan “Think different”, created for Apple Computer in the office of advertising agency TBWA \ Chiat \ Day in 1997. The phrase was used in television and print advertising of the company until 2002.
From the point of view of grammar, the “think differently” option would be more correct, but Jobs insisted on using the adjective “different” by analogy with the phrase “think victory” (“think about victory”) or “think big” (“think big “).
Swatch is not the first time using Apple trademarks. In 2015, the Swiss watch manufacturer received a patent for the phrase “One more thing” (“One more thing”), which became legendary thanks to Apple founder Steve Jobs.
In addition, Swatch deprived Apple of the right to use the word “iWatch” when it planned to release watches. As a result, the device was named Apple Watch due to the fact that the Swiss company registered the trademark “iSwatch”.