Judge decides suit over ‘Villa Pizza’ name

Grace Leong

Friday, June 9, 2000 | 10:50 a.m.

A popular local pizza parlor chain battling a New Jersey newcomer with an identical name has won a court ruling giving it the rights to the "Villa Pizza" name in the Las Vegas area.

Villa Pizza Nevada Ltd. of Henderson won a federal court injunction Monday to stop Villa Holdings LLC of Morristown, N.J., from using the "Villa Pizza" name to sell pizza and other Italian foods at the New Jersey company's newly opened location at Meadows mall.

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

The loser in the case is Villa Holdings, which currently owns and operates more than 140 restaurants nationwide and opened its first Las Vegas pizza restaurant at Meadows mall on April 27.

Villa Holdings declined to comment on the company's plans for its Meadows mall restaurant.

Villa Pizza Nevada sued Villa Holdings in U.S. District Court on Sep. 23, 1999, but said it didn't serve the lawsuit because Villa Holdings had asked Villa Pizza Nevada if it was willing to sell or license its trademark.

But Villa Pizza Nevada said it later found out that while Villa Holdings continuously stalled negotiations or asked for deadline extensions, it was simultaneously carrying on with the construction and eventual opening of the Meadows mall restaurant.

Villa Holdings says it has federal trademarks including "Villa Pizza-delicious Italian food from our family to yours."

U.S. District Judge David Hagen ruled that Villa Pizza Nevada is entitled to ownership and use of the "Villa Pizza" mark because it has been using the mark for about 25 years in the Las Vegas Valley and for more than seven years before Villa Holdings applied for and received its federal registration.

"Villa Holdings' intent to infringe is clear," Hagen's ruling said. "Villa Holdings opened its Villa Pizza restaurant in the Meadows mall, in the midst of supposed ongoing settlement negotiations, despite being put on clear notice that Villa Pizza Nevada owned the mark in Las Vegas and ... had been using the mark and investing substantially in its name recognition ... for the previous 25 years. Moreover, Villa Holdings was warned that under no circumstances was it authorized to use the Villa Pizza mark in the Las Vegas area without a license from Villa Pizza Nevada."

Hagen also said the balance of hardship tips in favor of Villa Pizza Nevada and owner Carmine Vento.

"It is more than simply his livelihood; it is his life's work. To deprive him of that could be devastating. It would mean the combined loss of eight Villa Pizza restaurants and Instant Replay Villa Pizza Sports Pub & Grilles."