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[wuthering1]

Hello there,

We just developed a new website and created a slogan for it. However, we discovered this slogan is very similar to the one of another website (competitor). For example: the diaper company Pampers has a slogan called "Where we grow together", and the slogan I chose for my website (for another diaper brand) is " let's grow together". Would this involve any copyright violations? Many thanks!

[Kaitlin]

What you describe doesn't relate to copyright.  Rather it is a trademark issue: the use of a slogan as branding.
The test for trademark infringement is "likelihood of confusion" by the relevant consuming public. 
The example you provide shows the sort of similarity which could very well constitute infringement. 

[wuthering1]

Hi Kaitlin, thank you very much for the reply! You're right about the trademark. I'm just little frustrated because we noticed this after we have launched our website. Is there an economical way for a start up to do trademark search? What if the slogan is not registered? How am I supposed to find out all relevant trademarks to avoid infringement? Many thanks!

[Kaitlin]

In the US, trademark rights depend on use -- not registration.  So it's no good to be first to register if you weren't first to use.  (Unless you got "dibs" by filing an intent-to-use registration before the other use started.) 

There's no way to guarantee that a new name or slogan won't risk infringement, but you lower the risk significantly when you search both registered marks and unregistered (using the internet).  When you search, moreover, you need to include not just the phrase you intend to use, but any similar permutations -- including alternate and phonetic spellings of the terms in it.  What you're focusing on is the over-all "commercial impression" of the phrase.  (As for the hits, you want to not only consider uses by direct competitors, but by any businesses that run in the same channels of trade as yourself.)

The best approach, of course, is to have a trademark attorney use a reputable search firm to do the search and then have the attorney analyze the results.  It's usually a judgment call as to how likely a mark is to infringe or not infringe what's found in the searches and it takes experience to know how to make those calls. 

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Note, that it's possible that your example wasn't a true parallel of your actual phrase and the competitor's mark.  If the words in common were words that tend to be normal descriptors for your business (and not require a leap of the imagination to connect it to the product, like "grow together" does), it could be that neither of you would have rights in the common elements of the phrases (i.e., anyone could use them).  But this sort of thing should be discussed with your own trademark counsel in private, not in a public forum.  There are some good trademark attorneys who participate under their own names in the trademark forum whom you might be able to consult without breaking the bank.

[OMG IP]

In addition to what Kaitlin has said, keep in mind there is always risk involved with doing business.  Always.  You can mitigate risk with, for example, insurance and due diligence.  Due diligence can include hiring third parties and/or doing your own leg work.  The question to ask yourself is which is more important/valuable: your own time?  Or paying someone else to do the work so you can focus on other things.  It is impracticable to eliminate 100% risk.