CAFC: Pure & Simple Concepts v. 1 H W Management (Finchley Group), 2020-1211 (May 24, 2021)

BLUE INDUSTRY not confusingly similar to INDUSTRY, both for clothing. “BLUE” was held to be the dominant term, and thus distinguishes INDUSTRY (which was diluted somewhat by third-party use).

Patently-O analysis here.

TTABlog discussion here.

My take is that BLUE INDUSTRY is distinctive in its totality as an “INDUSTRY” is not something that can ordinarily be described with a color. The mark is a juxtaposition and I’m not sure there is a dominant term in a juxtaposition.

Text of CAFC decision: cafc blue industry dominance