United States Eleventh Circuit

In a trademark infringement action involving service marks related to advertising promotions for car dealerships, summary judgment for defendant is reversed where: 1) plaintiff proffered competent summary judgment evidence of actual confusion of the car dealerships, the relevant purchasing population; and 2) the mark at issue had attained federal incontestible status, and thus the district court erred in holding that the mark was not entitled to strong protection.

Appellate Information

• Decided 05/07/2010
• Published 05/07/2010

Judges

• HIGGINBOTHAM, Circuit Judge:, Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel