23-2248·TRADEMARK

Westmont Living, Inc. v. Retirement Unlimited, Inc.

Vacated & Remanded

Status

Scheduled
Argued
Opinion Issued (current)

Question Presented

Whether district court erred in concluding that no trademark infringement occurred where parties operate in distinct geographic markets, thus foreclosing a finding of consumer confusion.

Argument Date

October 31, 2024

Argument Time

9:30 a.m.

Panel

Courtroom

Gold Courtroom (Room 348)

Lower Court Judge

Young

Panel

Judge Niemeyer

Judge Benjamin

Judge Berner

Citation

CaseWestmont Living, Inc. v. Retirement Unlimited, Inc., No. 23-2248 (4th Cir. Mar. 18, 2025)

PanelNiemeyer, Benjamin & Berner, JJ.

Arguing Counsel

Celeste Butera

per CA4 audio archive

James Long III

per CA4 audio archive

Panel That Day

3 of 3 cases argued October 31, 2024 before this panel have been decided.

Decided

22-6380

Jason Gowen v. Gerald Winfield

Opinion Issued

Authored by Judge Berner

23-2204

William Glover v. EQT Corporation

Opinion Issued

Authored by Judge Benjamin

23-2248· This case

Westmont Living, Inc. v. Retirement Unlimited, Inc.

Opinion Issued

Authored by Judge Niemeyer

Opinions

Majority
by Niemeyer
March 18, 2025
Read opinion ↗

Disposition

Court: Vacated and remanded
Normalized: Vacated & Remanded

March 18, 2025