Jewellery Focus June 2017 | Page 28

APPLE AND SWATCH TANGLE OVER SLOGAN having to defend itself against the other’s accusations. In 2015, Swatch trademarked the sentence ‘One More Thing’ – a phrase that is arguably associated with TV detective Columbo but Apple fans may recognise as being frequently said by Steve Jobs in his keynotes. In his speeches at Apple and tech- related events, Jobs would discuss the features of an upcoming product release. Then, pretending he was about to walk off stage and finish, the late CEO would turn back around and say: “But there’s one more thing,” before announcing new, special features. The phrase was used in Apple speeches up until early 2015, by current Apple CEO Tim Cook, when he unveiled Apple Music. The last utterance of the phrase from Apple was: “Before we close this morning, we do have one more thing… we do love music.” Swatch’s trademark for the sentence was applied for later that year in May 2015 and is held until November 27, 2024. The trademark covers a wide base of commercial areas, including computer software and digital recording media; pretty much blocking Apple – or anyone else – from using it on any commercial platform. While it is not entirely clear why Swatch trademarked a saying heavily associated with Apple and appear not to have made use of it since, many assume it was a not- so-subtle dig at the tech company. Swatch denied that the trademark had anything to do with Apple, with a spokesperson for the company telling TechRadar that it was inspired by TV detective Columbo who was also known for using the common phrase. The Swiss watchmaker’s claimed it was planning to release a series of watches based on film noir. Apple later tried to block Swatch’s trademark but was unsuccessful. 28 JEWELLERY FOCUS It is worth noting that Apple hadn’t used the phrase often in its keynote speeches after Jobs’ passing, but it brought it back when it announced its Apple Watch – a device which had marked yet another rift between the two companies. In 2014, just the year before the ‘one more thing’ trademark, Apple’s chief designer Jony Ive swore that the release of Apple’s iWatch would destroy the Swiss watch industry. Ive said: “The Swiss watch industry is in trouble.” Switzerland-hailing Swatch did not take this lying down and got its own back when Hayek referred to Apple’s watch as an “interesting toy” which “wouldn’t last longer than 24 hours”. Swatch later trademarked the phrase that made a comeback with the announcement of the aforementioned watch. The ‘One More Thing’ trademark was not in isolation, as the application closely followed another legal battle between the two companies, which concerned the name of the Apple iWatch. In 2014, Apple had trademarked the iWatch name in preparation for the worldwide release of the timepiece only for Swatch to object to its trademark application, stating that the name was too similar to its own digital wristwatch, the iSwatch, which was released in 2013. However, this was a trademark law so no suing was involved, just legal proceedings to block or allow Apple to trade a product under that name. Two years later in September 2016, the UK Intellectual Property Office upheld Swatch’s trademark but by that time, Apple had already decided to change the name of the product to the Apple Watch when it launched in 2015. This still means that in the UK at least, Apple can never release an iWatch. While this complex back-and- forth between Apple and Swatch proves that the two companies are rivals with a lot of history, they are not alone in dragging each other to court to settle a dispute. ‘‘ In 2014, just the year before the ‘one more thing’ trademark, Apple’s chief designer Jony Ive swore that the release of Apple’s iWatch would destroy the Swiss watch industry ‘‘ THE BIG BOYS OTHER JEWELLERY LEGAL AFFAIRS Swatch has also had issues with Tiffany & Co, when a collaboration between the two failed. In 2007, Swatch and Tiffany entered a contract where Swatch would design, produce and service watches as Tiffany marketed and displayed them. This signing would open the two brands to new markets; fine jewellery one for Swatch and timepieces for Tiffany. However, when unveiled at the 2009 Baselworld show, the collaborative product seemed to be more Swatch than Tiffany and the latter did not feel it reflected their image. Another watch was released in 2010 which seemed to move further away from the Tiffany identity resulting in the eventual collapse of the contract in 2011. So, in 2013 Swatch decided to sue Tiffany for $450m (£348m) alleging Tiffany did not market or display the watches; Tiffany counter-sued for over $550m (£425m) alleging that Swatch did not produce the products agreed on. Swatch’s complaint was originally overruled but this year, the company won its claim when it appealed the decision. June 2017 | jewelleryfocus.co.uk