Swiss Federal Railways Says Apple Copied Its Iconic Railway Clock

[CHamilton]

http://www.macrumors.com/2012/09/20/swiss-federal-railways-says-apple-copied-its-iconic-railway-clock/

Switzerland's Schweizerische Bundesbahnen, or Swiss Federal Railway service, has accused Apple of using their iconic clock in its Clock app for iPad without permission, according to a report in the Swiss newspaper Tages-Anzeiger.

Left: Apple's Clock app. Right: The iconic Swiss Railway clock. Courtesy Wikipedia

The clock, designed by Hans Hilfiker, has become an icon of both the Swiss railway and of Switzerland itself. The trademark and copyright for the clock is owned by the Swiss Federal Railways service.

 

[George Harris]

http://www.macrumors.com/2012/09/20/swiss-federal-railways-says-apple-copied-its-iconic-railway-clock/

Switzerland's Schweizerische Bundesbahnen, or Swiss Federal Railway service, has accused Apple of using their iconic clock in its Clock app for iPad without permission, according to a report in the Swiss newspaper Tages-Anzeiger.

. . . .

The clock, designed by Hans Hilfiker, has become an icon of both the Swiss railway and of Switzerland itself. The trademark and copyright for the clock is owned by the Swiss Federal Railways service.

Copyrights do expire. How old is this one?

 

[leemell]

http://www.macrumors...-railway-clock/

Switzerland's Schweizerische Bundesbahnen, or Swiss Federal Railway service, has accused Apple of using their iconic clock in its Clock app for iPad without permission, according to a report in the Swiss newspaper Tages-Anzeiger.

. . . .

The clock, designed by Hans Hilfiker, has become an icon of both the Swiss railway and of Switzerland itself. The trademark and copyright for the clock is owned by the Swiss Federal Railways service.

Copyrights do expire. How old is this one?

The clock was invented in 1944. The author (for this purpose) died in 1993. Swiss copyright law extend the author's rights to death+70 years. It hasn't expired by about 50 years yet.

Apple claims the "rectangle" phone, so SBB claims this clock. Sounds good to me. ;-)

 

[George Harris]

The clock was invented in 1944. The author (for this purpose) died in 1993. Swiss copyright law extend the author's rights to death+70 years. It hasn't expired by about 50 years yet.

Wow! That has got to be one of the world's longest.

 

[Anderson]

The clock was invented in 1944. The author (for this purpose) died in 1993. Swiss copyright law extend the author's rights to death+70 years. It hasn't expired by about 50 years yet.

Wow! That has got to be one of the world's longest.

I think so, but not by much. There's been a stupid season of copyright extensions over the last few decades (especially in the US), and the Berne Convention actually requires life of the author+50 years. To be fair, I disagree with this (see also: Rent seeking), but...sadly, this is pretty normal.

 

[leemell]

The clock was invented in 1944. The author (for this purpose) died in 1993. Swiss copyright law extend the author's rights to death+70 years. It hasn't expired by about 50 years yet.

Wow! That has got to be one of the world's longest.

I think so, but not by much. There's been a stupid season of copyright extensions over the last few decades (especially in the US), and the Berne Convention actually requires life of the author+50 years. To be fair, I disagree with this (see also: Rent seeking), but...sadly, this is pretty normal.

Report I saw said that it is 50 years for software and 70 for all the rest.

 

[trainman74]

Copyrights do expire.

Trademarks do not, as long as they're still in use, and I think that might be more applicable here. However...

The clock was invented in 1944. The author (for this purpose) died in 1993.

...since it appears to have been created on a work-for-hire basis, wouldn't that mean the Swiss railways, rather than the designer, counts as the "author"?

 

[DET63]

Well, the numbers do look a lot alike . . .

So does the second hand.

 

[Texan Eagle]

Well, the numbers do look a lot alike . . .

So does the second hand.

This similarity is actually quite more than Apple's claim of "rectangular phone with rounded corners" copying of iPhone by Samsung.

Pot, kettle, black etc.

 

[Nathanael]

This actually does look like it might be a trademark violation.

Copyright is subject to independent creation rules, and this design is so simplistic I think Apple could win a copyright case.

But trademark is about "likelihood of confusion". That would mean this would end up being a case over what the "field of use" for the Swiss Railways clock was.

 

[cirdan]

But trademark is about "likelihood of confusion". That would mean this would end up being a case over what the "field of use" for the Swiss Railways clock was.

Swiss railways actually merchandise their clock. You can buy one for your home and even buy a wristwatch version. So it does exist outside the strict railroad field of use.

 

[jis]

Seems to me that Apple should simply change the clockface sufficiently to remove confusion, and then they can bicker in court over what proportion of Apple's revenues can be attributable to the use of that clockface and what material economic damage SBB has suffered as a result of that. I doubt that the numbers will be very large on this one.

has SBB asked for any specific mitigation/damages? If so what? Or are they just asking for cease and desist?

 

[xyzzy]

SBB are likely to assert trademark primarily and copyright secondarily. Also, one of SBB's licensees for the clock design may assert infringement against Apple. I suspect Apple will find it difficult to prevail in a Swiss court, so some kind of negotiated settlement is likely. The real question is whether SBB has intellectual property rights outside of Switzerland.

 

[xyzzy]

Settled quickly, as one would have expected. http://news.cnet.com/8301-13579_3-57531232-37/apple-licenses-swiss-rail-clock-design/

 

[CHamilton]

Apple pays Swiss rail $21mn over clock dispute: report

GENEVA — US tech giant Apple has dished out 20 million Swiss francs ($21 million, 17 million euros) to compensate Swiss national rail operator SBB for using its famous clock without permission, a Swiss daily reported Saturday.

The company agreed in October to pay the lump sum so it could continue using SBB's Swiss-designed station clock face on its iPads and iPhones, the Tages-Anzeiger daily reported on its website, quoting several unnamed sources.

 

[cirdan]

Well, the numbers do look a lot alike . . .

So does the second hand.

The time itself is quite different though.

And isn't displaying the right time ultimately what a clock is all about?

 

[George Harris]

Apple pays Swiss rail $21mn over clock dispute: report

GENEVA — US tech giant Apple has dished out 20 million Swiss francs ($21 million, 17 million euros) to compensate Swiss national rail operator SBB for using its famous clock without permission, a Swiss daily reported Saturday.

The company agreed in October to pay the lump sum so it could continue using SBB's Swiss-designed station clock face on its iPads and iPhones, the Tages-Anzeiger daily reported on its website, quoting several unnamed sources.

Given the size of Apple, that is pocket change. This comes across as looking like doing something to try to save face for all parties.