Apple may pay settlement again for illegal trademark use

Jul 21, 2015 08:55 GMT  ·  By

Although not even called "iWatch," the Google search engine will lead you to Apple Watch when typing in the "name." A company in Dublin has found this and is now suing Apple.

Being a smart marketing move to attract potential customers by buying Google ads with names familiar with iPhone and iPods, Apple also bought the "iWatch" informal name to make sure it gets the right crowd. It also got the wrong one.

Probendi, the small Irish company in Dublin that owns the iWatch trademark in Europe, has filed suit on June 26 against Apple in Milan. Bloomberg cites the tribunal filing saying that “Apple has systematically used iWatch wording on Google search engine in order to direct customers to its own website, advertising Apple Watch.”

Google has a bad reputation of not taking responsibility for ad trademark issues and sometimes has even won in court against American Airlines and Geico who also had trademark issues caused by Google. Apparently, the Probendi has warned Apple of illegally using the trademark "iWatch" term as  Probendi was also building their own smartwatch based on Android that was legally called iWatch. The project seems to be in standby now.

Opportunism may prove rewarding for Porbendi

If Probendi wins the case against Apple, the American company could see itself paying around €87 million ($97 million) for the iWatch trademark value, according to an internal audit commissioned by Probendi.

Although legally justified, this seems like an opportunistic take on Probendi to earn some extra cash following an obviously controversial ad campaign run by Apple. Although Probendi is in the right here, tackling a branding giant like Apple will see their precious "iWatch" trademark just being bought through a couple of million dollars dispute settlement just like it did in China in 2012 for "iPad."

The iWatch case hearing will start on November 11 in Milano.