Did Swatch Kill The iWatch?



iswatchIn news reported by the BBC, it seems that Swatch‘s opposition to Apple‘s application for an iWatch trademark in the UK resulted Apple’s smartwatch simply being branded “Apple Watch”.  Overall, the ruling from the UK’s Intellectual Property Office upheld Swatch’s complaint that iWatch was too similar to iSwatch and Swatch, and shouldn’t be used for watches. Although we can’t be privy to the internal thinking of Apple, one could infer that the inability to claim the iWatch trademark in key markets back in 2014 killed iWatch in favour of Apple Watch when announced in 2015.

The whole ruling is here, but aside from the trademark evidence, decision-making and ruling, there’s some interesting commentary on the use of shell company registrants, in this case BrightFlash USA LLC to hide the actions of Apple. If I read the judgement correctly (and I’m certainly not a lawyer), Swatch had tried to accuse Apple of “bad faith” by using BrightFlash to register the trademark, but the registrar dismisses the complaint and Swatch has to to pay Apple GB£2,767 on balance. You win some, you lose some.