'Industry' TM Owner Can't Block 'Blue Industry' Mark

Law360 (May 24, 2021, 8:17 PM EDT) -- The Trademark Trial and Appeal Board rightly threw out Pure & Simple Concepts Inc.'s attempt to block The Finchley Group's "Blue Industry" trademark, as customers aren't likely to confuse it with Pure & Simple's "Industry" marks, the Federal Circuit said Monday.

In a nonprecedential opinion, the appeals court affirmed that P&S' opposition proceeding against I H W Management Ltd. — which does business as The Finchley Group — doesn't have merit.

P&S has eight registered trademarks with the word 'Industry,' licensed to the Manhattan Group, which are used for shirts, pants, swimsuits, outwear and accessories, according to the opinion. In 2015,...

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