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CALIBER AUTO. LIQ. v. PREMIER CHRY., JEEP, DODGE

No. 08-16179.

605 F.3d 931 (2010)

CALIBER AUTOMOTIVE LIQUIDATORS, INC., a California corporation, Plaintiff-Counter-Defendant-Appellant, v. PREMIER CHRYSLER, JEEP, DODGE, LLC, a Georgia corporation, d.b.a. Premier Automotive Group, Gwinnett, LLC, a Florida corporation, d.b.a. Premier Dodge, d.b.a. Premier Automotive Group, and Sam Kazran, a Florida resident, a.k.a. Sam Khazrwan, Defendants-Counter-Claimants-Appellees, Who's Calling, Inc., Movant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 7, 2010.

Attorney(s) appearing for the Case

Arthur A. Gardner, Joseph. W. Staley, Gardner, Groff, Greenwald & Villanueva, P.C., Atlanta, GA, for Appellant.

James M. Green, Robert J. Kiser, Kiser & Green, LLC, Loganville, GA, for Appellees.

Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Caliber Automotive Liquidators, Inc. provides advertising promotions to car dealerships and owns service marks on "Slash-It! Sales Event" and "Slasher Sale." Premier Automotive Group uses its own marketing—an infomercial called the "Slasher Show"—to sell cars. Caliber sued Premier in the Northern District of Georgia under both federal and state law, claiming infringement. The district court granted Premier summary...

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