Irish software development studio Probendi is suing Apple in Europe over the use of the term ‘iWatch’ in its search engine ads.
Court documents filed by Probendi in Milan claim that even though Apple doesn’t own the trademark for iWatch, it has used iWatch wording on Google in an effort to direct customers to the Apple Watch website.
The small Dublin-based firm says that they warned Apple last year against using the term ‘iWatch.’ Using the iWatch trademark could cost Apple $97 million, according to an audit commissioned by Probendi which told Bloomberg, “Apple never replied to our requests and objections, while Google said they are not responsible for links.”
Apple faced a similar trademark dispute in China with the launch of the iPad. The company eventually paid a $60 million settlement to use the naming rights. Probendi is hoping to walk away with more than that once the first hearing gets underway on Nov. 11, but it’s unclear if the company would let Apple still use the term.
Probendi claims it has its own smartwatch in developement that will undercut the Apple Watch in price, run Android Wear, and carry the name iWatch. According to Probendi co-founder Daniele Di Salvo though, the product has been put in standby.
Buster Hein is a freelance writer who lives in Phoenix, Arizona. Twitter: @bst3r.
5 responses to “Apple is getting sued for buying iWatch ads on Google”
It’s unclear from the above, what standing Probed has to file a claim. Are they claiming ownership of iWatch as a trademark?
uh… not sure I see the issue, since Apple doesn’t sell anything called an “iwatch” They sell an Apple Watch. Is this the product to which you are referring?….
It’s a pretty clear article to me! Probendi owns the name iWatch, they are developing a product called iWatch and Apple is using the term iWatch in their Google Ads in Ireland in violation of a registered trademark and name.
So go read the article again. Its not what Apple calls their product its how they are using SEO and the term iWatch to generate revenue and sales from a product that is dropping in sales daily.
But…Probendi do not sell a device called an iWatch they only own the trademark and only trademarked it in 2008 after Apple had already trademarked AND used iMac, iPod, iTunes, iOS, iPhone (probably some more too). It is obvious what Probendi’s game is here and squatting on trademarks is to be frowned upon.
Also I believe Apple is adhering to Google Ad’s policies: ‘Ads for competing products or services’ and Probendi could choose for Google to review this case…if that is they were sincere and not trolling for a big payoff without actually ever doing any work.
Finally, Probendi only own the trademark in Europe, Apple has it almost everywhere else so Probendi have little chance of success of selling a watch in large numbers anyway to make it economically viable. They knowingly took a nameing convention that was already common to Apple products/services and had no intention other than try and getting a payoff.
If Probendi want some credibility then they should front up with a working prototype first otherwise shut up.
Stupid Irish losers. What else is new?