Apple “iWatch” trademark dispute.

Apple “iWatch” trademark dispute.

Apple is being sued by the owner of the “iWatch” trademark despite making no reference to the brand explicitly. The issue stems from Apple using the protected term on search engines in an attempt to direct potential customers to Apple Watch results.

Probendi, an Irish software development studio and the owner of the “iWatch” trademark, outlined at the tribunal that:

“Apple has systematically used iWatch wording on Google search engine in order to direct customers to its own website, advertising Apple Watch.”

A contributing factor to the gripe which Probendi now have with Apple is the fact that they are currently in the midst of producing a smart watch of their own, running Google’s Android operating system in an attempt to produce a cheaper version of the Apple Watch.

Giocomo Bonelli, a lawyer for Probendi, explained their frustration with both Apple and Google when he stating:

“Apple never replied to our requests and objections, while Google said they are not responsible for links.”

Maybe the potential trade mark issue was the reason behind Apple unusually veering away from the common “i” devices such as iPhone, iPad, iPod and so on. However, it is clear Apple wanted to maintain this marketing link and in doing so have created a dispute which they were perhaps initially trying to avoid. 

The Court will hear the iWatch case on 11 November.

Harry Jeffries