TTABlog Test: Are These Two Stylized "BN" Marks For Jewelry Confusingly Similar?

Blue Nile, Inc. opposed an application to register the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both marks for jewelry. Applicant Brent Neale LLC described its mark as the stylized letter "B" and "N" superimposed. Opposer Blue Nile's registration did not include a description of the mark. Blue Nile contended that its mark is famous and that the letter "B" is prominently featured and eye-catching in both marks. How do you think this came out? Blue Nile, Inc. v. Brent Neale LLC, Opposition No. 91239053 (May 7, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman).

Since the involved goods are the same the Board must presume that they travel through the same channels of trade to the same classes of purchasers. See, e.g., In re Viterra Inc., 671 F.3d 1358, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012). Blue Nile contended that jewelry buyers are careful in their purchases, but the Board pointed out that