SUPREME COURT RULES IN FAVOR OF SWATCH AND DENIES REGISTRATION OF IWATCH TO APPLE

19 / 02 / 2018

After hearing the appeal for cassation filed by SWATCH AG, the Supreme Court of Chile settled a dispute that lasted more than three years between the Swiss watchmaker and Apple Inc. The main object of this controversy was the interest on the latter in the registration of trademark IWATCH, Application No. 1060664, which intended to protect certain products such as watches.

The decision issued by the highest Court in Chile acknowledges that the previous registration of marks SWATCH and ISWATCH, which distinguish akin goods, is an insurmountable obstacle to the registration of IWATCH as this brand is at the limit of identity with SWATCH AG’s brands and consequently, it assumes that consumers are in risk of confusion.

Moreover, the judgement also recognizes that the mere fact that Apple Inc. typically incorporates vowel “i” at the beginning of its blockbuster technological goods, it is not enough to alter the reached conclusion when the conflicting brands are compared.

The legal team in charge of defending SWATCH AG in this case was composed by attorneys Francisco Valverde and Álvaro Arévalo from Villaseca Abogados.

 

FOTOGRAFÍA:

Piece of news published in El Mercurio on February 19, 2018