This is probably why third-party watch faces are not permitted on Apple Watch
Many Apple Watch reviewers convey singled out a lack of third-party sentinel faces inward App Store every bit i of the most frequent complaints close the wearable device. But contender Samsung, which frequently brags close the thousands of downloadable sentinel faces for its ain smartwatches, is straight off beingness sued over distributing cloned third-party ones inward its Milky Way Store.
Switzerland-based Swatch Group has filed a electrical charge against Samsung over alleged trademark infringement concerning the designs for over thirty downloadable sentinel faces (the Swiss watchmaker, for those non inward the know, has a history of taking legal action).
In its filing accusing the Milky Way maker of unfair concern practices, Swatch Group wrote that the sentinel faces inward query “bear identical or virtually identical marks” to the trademarks it owns in addition to uses on its ain brands, such every bit Longines, Omega, Swatch in addition to Tissot.
The watchmaker is basically concerned that those ripped-off designs past times third-party developers mightiness fool customers into believing that Samsung in addition to Swatch convey an official deal.
The infringing sentinel faces came from third-party developers, Samsung precisely hosted them on the Milky Way Store, in addition to many of them were paid. While Samsung pulled precisely about of the infringing designs, its stubborn refusal to review the means Milky Way Store operates in addition to commit to blocking time to come infringing designs, per Swatch’s request, has led to this lawsuit.
A Swatch spokesman said:
This is a blatant, wilful in addition to international violation of our trademarks past times Samsung. The affected brands are worth billions. Our claim for compensation? Triple digits inward millions.
Reuters has more:
Swatch has demanded a trial inward the electrical charge which likewise alleges unfair contest in addition to unfair concern practices, in addition to is seeking to a greater extent than than $100 i thou one thousand inward damages.
It said it had launched the activity inward the States because that was where its trademarks were registered in addition to where apps for Samsung’s Gear Sport, Gear, S3 Classic in addition to Frontier watches could download sentinel facial expression upwards designs that infringed its trademarks.
If you’re thinking, “That’s an exaggerated reaction,” consider for a 2nd a funny trial that the Swiss Federal Railways degree against Apple inward 2012 because the iPhone maker blatantly copied the pattern of the Railways iconic clock expect for its ain Clock app inward iOS 6.
The legal brouhaha ended alongside Apple paying $20 million to the Swiss Federal Railways for IP rights in addition to then it could proceed using the timeless clock pattern for the Clock app on iPad.
From Swatch’s filing to the States District Court for the Southern District of New York:
This unabashed copying of the trademarks tin convey only i purpose—to merchandise off the fame, reputation in addition to goodwill of the Swatch Group Companies’ products in addition to marks built painstakingly over decades.
In stance of Samsung’s inadequate response, it is reasonable to conclude that defendants volition proceed to infringe the trademarks, in addition to thereby effort farther loss in addition to impairment to the Swatch Group Companies.
Ironically, a few years dorsum Swatch used the slogan “Tick different” to promote its Bellamy quartz wristwatch, prompting an instant trial past times Apple. Wait, there’s more!
In 2015, the Swiss sentinel maker successfully trademarked “One More Thing,” a grab phrase Steve Jobs famously used earlier unveiling surprise products. Swatch argued that the phrase was inspired past times inspector Columbos citation “Just i to a greater extent than thing”.
No affair how you lot expect at it, critics beingness critics volition spare no fourth dimension bashing Apple over the refusal to host downloadable third-party sentinel faces on App Store. Some of those people fifty-fifty believe that’s somehow because of Apple’s walled garden in addition to command freakishness.
While in that place may hold upwards precisely about merit to such claims, Apple is to a greater extent than probable precisely taking its fourth dimension to do this correct every bit opposed to rushing out third-party sentinel faces only to gamble lawsuits.
To hold upwards sure, the Cupertino companionship currently provides several licensed sentinel faces for its wearable device that came from big brands such every bit Disney in addition to Nike.
Both companies convey existing ties alongside Apple: Tim Cook sits on Nike’s board of directors in addition to Disney CEO Bob Iger is an Apple director. Now imagine, if you lot will, a legal mess that would without a doubtfulness ensue if Apple allowed third-party sentinel faces inward App Store in addition to a rogue developer managed to sneak a Marvell-themed sentinel facial expression upwards past times Apple’s censors.
If the Cupertino theater is planning on allowing third-party sentinel faces inward the future, however, it ameliorate mean value this through or it mightiness gamble multi-million dollar lawsuits similar Samsung.
I convey no doubtfulness third-party sentinel faces volition come upwards to Apple Watch, but non earlier Apple’s figured out the best means to concealment them inward a fashion that’ll minimize the gamble of litigation.
Is the lack of downloadable third-party sentinel faces a major downside to owning an Apple Watch versus a Samsung smartwatch, do you lot think?
Let us know past times posting your thoughts inward the commenting department downwards below.
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