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I received a marketing email from Lenovo with the slogan "Different is better." This seems quite similar to Apple's "Think different," to the point that had I seen the slogan out of context, I would have thought it was Apple's; however, I'm sure Lenovo cleared it with their legal department.
How similar do two slogans have to be for trademark infringement?
Substantially identical is a side-by-side comparison noting the similarities and differences.
If they are not substantially identical, then the deceptively similar test is “ between, on the one hand, the impression based on recollection of one mark that a person of ordinary intelligence and memory would have and, on the other hand, the impressions that such a person would get from looking at the second mark.”
Are they substantially identical? No.
Are they deceptively similar? Maybe.
