In March 2025, the Fourth Circuit ruled in Westmont Living v. Retirement Unlimited, allowing a service mark owner to pursue infringement claims against a distant competitor. The ruling emphasizes the competitive nature of national markets, suggesting that trademarks may not be bound by local protections. However, trademark plaintiffs must ensure that their marks are not merely descriptive, as this could affect their ability to enforce rights effectively. The case underscores the evolving landscape of trademark law in the digital age, where geographical considerations are less relevant than previously assumed.
The Fourth Circuit ruled that service mark owners can sue for infringement even when geographically distant, highlighting the influence of national competition in today's market.
While Westmont Living's case offers hope for trademark owners, the mark's descriptiveness or required secondary meaning can still impact enforcement chances.
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