Similarity Law and Legal Definition

In relation to Intellectual property, similarity is the resemblance of one trademark or copyrighted work to another. The question of how closely a trademark should resemble another in order to amount to infringement depends on the nature of the product. Also, the degree of care the typical buyer would be expected to take in making the selection in that particular market would be crucial. It is a question of overall impression rather than an element-by-element comparison of the two marks. Similarity is also termed imitation or colorable imitation. It is the buyer who should be cautious while making his/her purchase. For example, a person buying a box of candy does not use as much care as when buying a watch.