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Apple faces lawsuit in Europe over 'iWatch' use in advertising
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Jul 15, 2015, 09:33 PM
 
Apple is being sued in Europe over the use of the term "iWatch" in advertising, despite its smartwatch being called simply the Watch. Irish developer Probendi has filed a complaint in a court in Milan, alleging that Apple is using the iWatch term in searches and advertisements on Google in order to direct potential customers to its device, infringing the trademark Probendi owns.

The tribunal filing of June 26 discovered by Bloomberg claims "Apple has systematically used iWatch working on the Google search engine in order to direct customers to its own website, advertising Apple Watch." Probendi lawyer Giacomo Bonelli states that, while Google's own policy over trademark complaints is that it works on a case-by-case basis, "Apple never replied to our requests and objections, while Google said they are not responsible for links."



Owning the iWatch trademark since 2008, Probendi uses the term for a smartphone app used for monitoring video and audio, though it is apparently working on its own Android Wear-based smartwatch. Co-founder Daniele Di Salvo is said to have warned Apple against using the iWatch name for its own device last year, which Apple likely took into account with potential legal action from other trademark owners around the world if it went with the name.

The iWatch trademark is claimed to be worth €87 million ($97 million), according to an audit for Probendi conducted by Barzano & Zanardo.
     
b9bot
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Jul 16, 2015, 01:34 AM
 
There is no iWatch. Apple uses Apple Watch. Apple is a trademark of Apple so they don't have a case.
     
b9bot
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Jul 16, 2015, 01:43 AM
 
All of Apple's advertising uses the Apple logo and the word Watch. Apple never called there product iWatch. Only the media called it that before Apple even launched any Watch product. So there claim is baseless and entirely false.
     
Spheric Harlot
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Jul 16, 2015, 03:46 AM
 
You didn't read the article.
     
ImThatGuy
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Jul 16, 2015, 04:49 AM
 
Probendi's ownership of the trademark is pending cancellation - it's been successfully challenged by Swatch. So, a company that doesn't own a trademark is suing a company that doesn't use the trademark

https://www.tmdn.org/tmview/get-detail?st13=EM500000007125347#anchorCancellation
     
Doodpants
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Jul 16, 2015, 08:31 AM
 
It was Apple who established the iSomething naming pattern with the iMac back in 1998, followed later by other software and devices such as iTunes, iPod, iMovie, iWeb, etc. So any company that names their product iSomething is probably intentionally looking for an opportunity to sue Apple for a big payday.
     
pairof9s
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Jul 16, 2015, 08:34 AM
 
Europe should sue itself for using "rope" in its name which clearly it does not have the patent rights to.
     
spidouz
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Jul 16, 2015, 09:08 AM
 
They don't have any case. Apple is not using the iWatch name, and what they're using in search engine as keyword is plenty irrelevant. Because a lot of company are using large choice of keyword to respond to a search... therefor, if you start to sue Apple for using iWatch, SmartWatch and other name in the search engine for the actual Apple Watch, you might also use Pepsi that use Coca in their search keywords, Android that use iPhone, etc... etc... It's a pretty common marketing method to use your concurrent name to your company and products (just because you actually fit the criteria to be a concurrent of them). So, if this guy is currently building an Android-based smartwatch, it actually fits even better than just the name. So, in the end, they don't have any case, otherwise it would make a precedent for any Marketing and Advertising request in any search engine for any brand in the world... Pure non sense!
     
   
 
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