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SBB watch |
A few weeks ago
Apple released its new mobile operating system iOS6, which has
already attracted a good deal of attention. Besides the bugs in the new
Maps app, also the clock display used did not look quite right. Or, better, it
looked something like a déjà vu.
Switzerland's
railway operator SBB claimed in fact that Copertino-based technology giant
copied the design of its station clock without permission. What makes SBB
clock special is in particular its red
second hand which resembles the railway signal once used by controllers to signal
to train drivers that they could leave.
Both the London Design
Museum and the New York MoMa included SBB clock among examples of outstanding
20th century design.
As pointed
out by SBB
spokesman Christian Ginsing, SBB watch is registered as a trademark and,
with all likelihood, is also protected by copyright. As reported on SwissInfo, since 1986 Swiss watchmaker Mondaine has been licensed to
make wall clocks, desk models and wristwatches based on the design.
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Apple watch |
In any case, the
dispute between SBB and Apple (which has a well-known reputation for
defending its own IP rights vigorously) did not last long. A couple
of days ago SBB and Apple announced that they have reached an agreement on the use of SBB station clock. SBB official press
release is written in German. The translation provided by Google reads as
follows:
"The Swiss Federal
Railways SBB and Apple have reached an agreement on the use of the SBB station
clock on devices like iPad and iPhone. That the two parties have governed in a
license agreement.
For the use of the
SBB station clock on devices like iPad and iPhone, the Swiss Federal Railways
SBB and Apple have agreed and signed a license agreement. The parties have
agreed to give the amount of the license fee as well as other details about the
Convention any further information.
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Kat watch |
The Railway
station clock was built in 1944 by engineer and designer Hans Hilfiker designed
for SBB. It is a design icon, obvious matters in the digital age well. Special
feature of the so-called "scoop dial" is the striking red second
hand, which has the form of a signal trowel. To date, [it] is a symbol of
innovation and reliability is an important identifying feature of the SBB and
Switzerland represents [As clarified by The
Register, all the SBB clocks
synchronise with a master time controller every minute, ensuring that
passengers can be sure that the trains are running on time. The red second hand
completes a full sweep every 58.5 seconds and then uses the spare 1.5 second
for synchronisation]."
This Kat believes that there is
still something strange in this story.
Firstly, why did not Apple approach SBB to get a licence? As commented by Forbes, while it is
entirely possible that others will have created designs that you wish to
include into your devices, "the trick is to ask them, negotiate with
them, gain a license from them, before you release the
product, not afterwards. Otherwise people might think you’re acting a bit like
Samsung or something."
Secondly, exclusive
licensee Mondaine was not involved in the negotiation of
the licensing agreement at any stage. "As an
exclusive licensee, we are surprised to hear about the licensing agreement
between SBB and Apple," Ronnie
Bernheim, the company's co-owner, told Reuters.
However, he declined to say whether he would take any further action.
"Otherwise people might think you’re acting a bit like Samsung or something"
ReplyDeleteSurely the point here is that Apple that behaved like er, Apple? cf Steve Jobs about the difference between good artists and great artists.
Are you not above propagating s snarky side swipe at Samsung who, it seems, are doing a nice job of undermining thr recent jury decision
http://www.groklaw.net/article.php?story=20121011155002687
http://www.groklaw.net/article.php?story=20121007194355579
The reason why Apple did not just seek to licence the use of the clock design may be in part explained by the story of another copyright dispute between Apple and a Swiss copyright owner, also reported on in the Register here: The Register
ReplyDeleteGerman railway clocks also pause briefly on the top of the minute but are slightly different design: there is a red ring instead of a disk, and it is placed at a slightly more inward position. Apple could license that one too.
ReplyDeleteI wanted to point out the bit about synchronisation, but the item had alread been corrected.
There's a story that young Einstein was involved with clock synchronisation during his stint as a clerk at the Berne patent office, and that during his daydreaming he would reflect upon the meaning of the identical times in two different locations, and maybe of trains going at superluminous velocities. I don't know whether this story is apocryphal.
I couldn't find a old, good looking, patent for these clocks. There is at the Deutsches Museum in Munich a master clock of the former Bundesbahn, which I believe was in working condition when I saw it a decade ago.
The Deutschebahn clock design also differs in that the hour and minute hands end at the central axis.
ReplyDeleteWith regard to the last point, one (probably obvious) answer is that an exclusive licensee won't necessarily have an exclusive license in all fields. From a quick internet search, Mondaine appear to be primarily involved in making and selling watches. I wouldn't be surprised if their license to the SBB design is limited to watches and other timepieces and does not include smartphone apps or similar software.
ReplyDeleteThis story raises an interesting (well at least to me) question. Can the sale of a device including a piece of operating software be an infringement of a registered design if the software when operating causes the device to display an object resembling the design? Also, if the design is a registered TM, is such an app being used as a TM? Perhaps copyright is the better weapon to wave.
ReplyDelete