Caliber produces SLASH IT sales events for auto dealerships. It has an incontestable registration for SLASH IT! SALES EVENT and another registration for SLASHER SALE. It provides materials and training, including ‘energizing’ for a dealer’s salesmen, so that they can ‘histrionically’ slash prices in front of customers. Defendant produced SLASHER SHOWS infomercials to sell cars. Defendant prevailed at summary judgment.
11th Circuit: District Court erred in not considering incontestable status of SLASH IT! SALES EVENT registration, nor did it properly consider evidence of actual confusion. Remand to trial.
Decision Caliber v Premier Slash It