What about the aspect of just taking the marketing work of another company and basically benefiting from it and using it essentially in the same way?
Unless I missed something Swatch isn't running ads of famous people with the tag line Tick Different.
You could argue Apple used IBM's Think as well; even if it was not a direct lift.
Apple hasn't used it in advertisements , at best it was slipped into packaging to retain the trademark on "Think Different."
The bottom line is there is little chance someone in the CH will confuse Tick Different with Apple's over 17 year old old Think Different ad; so the court made the right call.