Apple is being sued for not using the iWatch name

Apple Watch

Apple surprised everyone when they named their wearable the 'Apple Watch' instead of iWatch, but if you type iWatch into Google the top sponsored result will probably link to Apple's site.

This is because Apple doesn't want to miss out on potential customers, but the company who owns the iWatch trademark in Europe has now seen an opportunity to make some cash, and it looks like a lengthy court battle could follow.

Probendi, a small Dublin-based software studio, filed an urgent procedure on June 26 complaining about Apple's use of the term in adverts.

Bloomberg reports the court documents state, "Apple has systematically used iWatch wording on Google search engine in order to direct customers to its own website, advertising Apple Watch."

The software studio has partnered with Barzano & Zanardo, a company which specialises in copyright disputes.

According to people close to the case, the law firm has valued the iWatch trademark at €87 million (£61m, US$95m, AU$128m).

Probendi's representative has said, "Apple never replied to our requests and objections, while Google said they are not responsible for links."

In the past many companies, including American Airlines, have tried to take on Google or its advertisers, often unsuccessfully, but in 2011 Apple paid $60 million (£38m, AU$80m) to settle a trademark dispute over the rights to use the iPad name.

A hearing for the iWatch case is scheduled for Nov 11.