Jewellery Focus June 2017 | Page 27

FEATURE THE BIG BOYS APPLE AND SWATCH TANGLE OVER SLOGAN Apple vs. Swatch – and other legal affairs Apple has taken Swatch to court over its use of the phrase ‘Tick Different’ in its latest ad campaign saying it is too similar to its own ‘Think Different’ slogan in the ‘90s. But this is not the first time Apple and Swatch have sparred over trademarks, as SHEKINA TUAHENE explores According to Apple, Swatch’s phrasing too closely resembles its own grammatically incorrect catchphrase, ‘Think Different’ - no longer actually used on any of the firm’s official promotional material, it’s worth noting - and it has accused Swatch of capitalising on the success of what was an iconic campaign two decades ago. Apple used the phrase in the 1990s in adverts featuring many celebrities and recognisable faces such as Einstein, Martin Luther King and John Lennon. At the time, the phrase was thought to be a response to IBM’s slogan, ‘Think’. The advert was critically acclaimed and won Apple a number of awards including the 1998 Emmy Award for Best Commercial and the 2000 Grand Effie Award for most effective campaign in America. Apple stopped using the phrase for its campaigns when it released the iMac G4 in 2002. Fast forward to the present, and the key question is how strong is Apple’s case? To win the current dispute, Apple has to prove that Swatch’s latest slogan creates a correlation with the Apple brand in at least 50% of consumer’s minds. Swatch has denied capitalising on Apple’s success, with its defence for its use of ‘Tick Different’ being that it is a play on Swatch’s own slogan that it used in the ‘80s: ‘Always different, always new’. Swatch’s CEO Nick Hayek has insisted that the similarities are merely coincidental. APPLE AND SWATCH’S HISTORY This recent butting of heads follows quite a long line of disagreements between the two, which have met in court multiple times over the years: neither is unfamiliar with June 2017 | jewelleryfocus.c