Apple has lost another legal battle with the Swiss watchmaker Swatch. Apple has failed in its quest to stop the matchmaker from using the phrase "one more thing" in Australia. Do you know what hasn't failed:
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Apple has argued with the Australian Trade Marks Office that Swatch should not be allowed to use the phrase "one more thing", saying that it was synonymous with Steve Jobs. Jobs had used the phrase regularly during Apple Keynotes, as well as Tim Cook.
Swatch argued that used "one more thing" to launch a "film noir inspired set" of watches. They said that its use of the phrase was inspired by "Columbo" (a TV Detective), who often said, "just one more thing".
The hearing officer, Adrian Richards, sided with Swatch and ordered Apple to pay the watchmaker's legal fees. The judgment read,
Swatch argued that used "one more thing" to launch a "film noir inspired set" of watches. They said that its use of the phrase was inspired by "Columbo" (a TV Detective), who often said, "just one more thing".
The hearing officer, Adrian Richards, sided with Swatch and ordered Apple to pay the watchmaker's legal fees. The judgment read,
These words, used once before introducing a particular new product or service of the opponent [Apple], are then never used again in relation to that product or service
Patchy and temporary use does not have the character of indication of a trade source. Also weighing heavily against the opponent on this issue is this ordinary meaning that the phrase carries — simply that the speaker is about to say something else. Again, in each of the opponent’s examples.
This review comes after Apple lost a battle against Swatch in Switzerland. The case was over Swatch's use of "Tick Different" while promoting its new NFC-enabled watch. Apple argued that the phrase unfairly traded on its "Think Different" slogan.
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