Website owner nIdea Corporation vows to continue its petition to cancel the trademark
August 9, 2004, Arlington, Virginia,
The United States Patent and Trademark Office, Trademark Trial and Appeal
Board, issued its decision today to deny the Long Island Wine Council's
Motion for Summary Judgment in the case where website owner NIDEA
Corporation has filed a Petition to Cancel the Long Island Wine Country
The T.T.A.B's decision read;
"Upon careful consideration of the arguments and evidence presented by the
parties, and drawing all inferences in favor of the petitioner, we find that
respondent has not met its burden to demonstrate the absence of a genuine
issue of material fact for trial.
We find that there are genuine issues of fact, at a minimum, with respect to
the issue of priority under section 2(d) claim, the issue of acquired
distinctiveness under the Section 2 (e) (1) claims, the issue of
genericness, and the issue of fraud. Accordingly, respondent's motion for
summary judgment is denied."
Christopher J. Davies, President & CEO of nIdea Corporation remarked,
"while we are extremely pleased with the decision today, we feel that we
have given the Long Island Wine Council Board of Director's numerous
opportunities to reach an amicable accord. It appears that this case will
continue for at least another year and ultimately NIDEA will succeed in
protecting its business interests relating to LONGISLANDWINECOUNTRY.COM".
NIDEA has owned and operated the LongIslandWineCountry.com domain and
website since 1999. The website is an online magazine about the Long Island
Wine region with stories about Long Island wines, restaurants and events.
Since 2000. the company has operated expert guided tours of the region for
consumers and corporate groups.
The Long Island Wine Council was granted a federal trademark registration for the mark "LONG ISLAND WINE COUNTRY", a generic and geographically descriptive term not normally eligible for registration. The LIWC then used that registration in an attempt to force Nidea to relinquish its domain name, this led Nidea to petition the USPTO to cancel LIWC's mark on numerous grounds.
For additional information about the Long Island Wine Country Trademark
Dispute visit www.savelongislandwinecountry.com
NIDEA Corporation is a national company headquartered in Broomfield,
Colorado. For additional information visit www.nidea.com
Public Relations Director
NIDEA PUBLIC RELATIONS
TEL. 303 327-1530
Gregory T. Meath, Esq.
Meath & Pereira
Attorneys & Counselors
306 East Main Street, Suite 303
Stockton, CA 95202
Tel. (209) 942-3300