Las Vegas pizza chain is in fight for its name

Grace Leong

Tuesday, Jan. 18, 2000 | 10:46 a.m.

Villa Holdings LLC of Morristown, N.J., is suing a popular Las Vegas pizza parlor chain over rights to the VILLA PIZZA name.

Villa Pizza Inc. owns, licenses and franchises six Villa Pizza or combination Villa Pizza-Instant Replay sports lounges in Las Vegas and two outlets in Henderson.

A dispute over trademark rights erupted between the two pizza chains after the defendant, Carmine Vento, owner of Villa Pizza and Villa Pizza Nevada Ltd. of Henderson, said he became aware of Villa Holdings' plans to open a pizza parlor in Las Vegas through Villa Holdings' website, www.villapizza.com, said Greg Beber, Vento's attorney.

Villa Holdings, which currently owns and operates more than 140 restaurants nationwide, plans to open its first Las Vegas pizza restaurant at Meadows Mall in May, said Villa Holdings' marketing coordinator Mike Fox.

"We've not decided on the name of the restaurant yet. But we are considering names such as Villa Homestyle Italian or Villa Italiana Cucino (Villa Italian Kitchen)," he said.

In a U.S. District Court suit, Villa Holdings, which alleged it owns the service marks VILLA PIZZA, VILLA PIZZA-DELICIOUS ITALIAN FOOD FROM OUR FAMILY TO YOURS AND VERY VILLA-VERY GOOD and registered its federal trademarks in 1983, said the defendants couldn't assert rights to the VILLA PIZZA service mark because they didn't use the mark continuously and have adopted other different marks including INSTANT REPLAY.

But Beber disagreed.

"Our unwavering position is that Vento and Villa Pizza Nevada have superior rights to the VILLA PIZZA trademark in Las Vegas due to the fact that Carmine Vento has been using the trademark here since 1976," he said.

"Vento used the mark here in Las Vegas long before Villa Holdings ever planned to use the mark in Las Vegas, and long before (Villa Holdings) registered their federal trademark in 1983," he said.

"Villa Holdings didn't get their federal trademark registration for its VILLA PIZZA mark until 1983. They may have used their mark in New Jersey in 1977 but it doesn't give them rights over the trademark in Las Vegas," he said.

"We sent Villa Holdings a letter saying Vento had exclusive trademark rights over the VILLA PIZZA trademark in Las Vegas and told them they can't open a shop without a license from Vento," Beber said.

Villa Holdings, which sells pizzas, pastas and other Italian specialties under the VILLA PIZZA mark, said the defendants' use of the VILLA PIZZA mark is likely to confuse customers into thinking they are affiliated with Villa Holdings.

Villa Holdings is seeking a court order to force Vento, his wife Ann, her brother John Lamendola and Vento's son Frank to surrender for destruction any signs, invoices, labels and promotional materials bearing the VILLA PIZZA mark.