Many Apple Watch reviewers have identified a lack of third-party clock faces in the App Store as one of the most frequent complaints about the portable device. But rival Samsung, who often boasts thousands of downloadable clock faces for his own smartwatches, is now being sued over distributing the cloned third-party in the Galaxy Store.
Switzerland-based Swatch Group has granted a complaint about Samsung over alleged infringement of trademarks regarding designs for over 30 downloadable clock faces (the Swiss watchmaker, for those who do not have a history of taking legal action).
In its filing, the Galaxy maker accuses of unfair business practices, Swatch Group has written that the watch is facing "carrying identical or nearly identical marks" to the trademarks it owns and uses on its own brands, such as Longines, Omega, Swatch and Tissot.
The watchmaker is basically concerned that the ripped designs from third-party developers can trick the customers into believing that Samsung and Swatch have an official deal.
The offensive watch faces came from third-party developers, Samsung hosted them only at the Galaxy Store, and many of them were paid. While Samsung drew some of the offensive designs, the stubborn refusal to review how the Galaxy Store operates and commits to blocking future offensive patterns, following Swatch's request, led to this lawsuit.
A switch spokesman said:
This is a blatant, intentional and international violation of our trademarks by Samsung. The affected brands are worth billions. Our claim for compensation? Triple digit in millions.
Reuters has more:
Swatch has demanded a lawsuit in the complaint, which also claims unfair competition and unfair business practices, seeking more than $ 100 million in damages.
It said it had launched the action in the United States because it was where her trademarks were registered and where apps for Samsung Gear Sport, Gear, S3 Classic and Frontier watches could download Sean's face design that violated the trademarks.
If you think, "It's an exaggerated reaction," for a moment consider a fun lawsuit that the Swiss federal railway level against Apple in 2012 because the iPhone manufacturer blatantly copied the design of the railway's iconic clock, look for its own Clock app in iOS 6
The legal brouhaha ended up with Apple paying $ 20 million to the Swiss Federal Railways for IP rights, so it could continue to use the timeless clock design of the Clock app on the iPad.
From Swatch's filing to the US District Court for the Southern District of New York:
This pristine copying of the trademarks can only have one The intention is to replace the fame, reputation and goodwill of Swatch Group Companies' products and brands carefully built for decades.
In light of Samsung's insufficient answers, it is reasonable to conclude that the defendants will continue to infringe the trademark, thereby causing further loss and damage to the Swatch Group Companies.
Ironically, a few years ago, the Swatch spent the slogan "Tick different" to promote the Bellamy Quartz wrist watch, which led to an immediate lawsuit from Apple. Wait, there's more!
In 2015, the Swiss watchmaker was successful with the brand "One More Thing", a catch phrase, Steve Jobs, who was known before uncovering surprising products. Swatch argued that the phrase was inspired by Columbos Quote Inspector "Just One Thing".
No matter how you look at it, critics will be critics, not saving time to base Apple over refusing to host downloadable third parties see faces on the App Store. Some of these people even think it is because of Apple's garden and control freakishness.
While there may be some benefit to such claims, Apple is more likely just to take the time to do this properly as opposed to rushing out third parties looking for faces just to risk lawsuits.
The Cupertino company currently has several licensed watch faces for its portable device coming from major brands like Disney and Nike.
Both companies have existing ties to Apple: Tim Cook sits on Nike's Board and Disney CEO Bob Iger is an Apple Director. Imagine, if you want, a legitimate rat that would undoubtedly arise if Apple allowed third-party surveillance pages in the App Store, and a villain developer managed to sneak a Marvell theme face past Apple's censors.
If the Cupertino firm is planning to allow third-party clock faces in the future, but it is better to think about this, or it could risk multi-million dollar lawsuits like Samsung.
I have no doubt Third-party watch faces come to Apple Watch, but not before Apple found the best way to shield them, in a way that would minimize the risk of litigation.
Is the lack of downloadable third-party watches facing a major disadvantage of owning an Apple Watch against a Samsung smartwatch, do you think?
Please let us know by posting your thoughts in the comment section below.