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ARTICLE · 12 JULY 2022

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Think Different: Think Proof Of Trademark Use!

On 8 June, the European Court of First Instance ruled on a dispute that has been ticking over between two famous companies for more than five years...

European UnionIntellectual Property

On 8 June, the European Court of First Instance ruled on a dispute that has been ticking over between two famous companies for more than five years: the Californian Apple Inc and the Swiss watchmaker Swatch AG. Carole Roger examines the implications.

In 1997, Apple launched its emblematic advertising campaign Think Different (used until 2002) featuring, in black and white, celebrities such as: Albert Einstein, Bob Dylan, Martin Luther King, John Lennon, Muhammad Ali, Maria Callas, Pablo Picasso, Mahatma Gandhi, and many others (see the video here: Apple - Think Different - Full Version).

This slogan was the subject of three European Union trademark applications in class 9 in 1997 (No. 671321), 1998 (No. 845461) and 2005 (No. 4415063). In October 2016, Swatch filed three applications for revocation, with Swatch exploiting its own "Tick Different" advertising campaign. The two parties have since been locked in a dispute over several countries (Portugal, Czech

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