I appreciate you filling me in on the current and continuing use of the trademark phrase in the iMac packaging (which actually does the protection of it a disservice considering the range of products Apple now markets). But that is a technicality to ensure their trademark does not lapse. Registration of a trademark is not relevant to a company's ability to retain it -- use is. And they are technically using it, if however invisible to most anyone.
My point is, that whether Swatch knew of the association with Apple, and they likely did, there is no confusion in the marketplace. Regardless of what Apple has been doing with the phrase since, those who were not alive during the active campaign likely have no association with Apple at all, and indeed outside of people like us on these forums, nor do most everyone else. Indeed, the fact that Swatch is not using the exact phrase, the fact Apple is not actively using it in a significant way, the fact Apple themselves derived it from previous campaigns by other companies, the fact it's not a unique phrase, the fact it is not paired with imagery of notable figures, and the fact that it further amounts to paradoy for an unrelated product if indeed found to be derivative of Apple's phrase, all make it fair use in my mind. Let's see if a jury thinks so, especially if comprised of those who were not alive during Apple's defining campaign. Heck, there are people who don't even know the iconic Mac vs. PC campaign.
It's not as simple, or black and white as you seem to suggest. And I think Apple's wrong. In any event, part of retaining trademarks is defending it, so Apple is certainly doing that, and will certainly prevent anyone else easily trading on "Think Different" whether related to computers, or anything else. So maybe that's their whole goal here. But if it goes to court, we'll see if they have any kind of real claim.
