A West Coast senior-living provider can press its trademark-infringement lawsuit against a Virginia-based retirement-home operator, the Fourth Circuit ruled Tuesday.
A federal district court erred by “relying solely on the fact that the parties’ physical facilities were on opposite coasts” in its likelihood-of-confusion analysis used to grant Retirement Unlimited Inc. an early win against Westmont Living Inc., Judge Paul V. Niemeyer wrote in a published opinion for the US Court of Appeals for the Fourth Circuit.
The appellate panel vacated the November 2023 judgment in Retirement Unlimited’s favor in the US District Court for the Eastern District of Virginia and ...
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