Denver, CO (Thursday, January 13, 2005) - On January 3, Vend-Tel-Co, Ltd., a vacation reservation business from Fort Collins, Colorado won a federal trademark lawsuit against skiing giant Vail Associates, Inc., parent company of Vail Mountain Resort, over the right to use 1-800-SKI VAIL.

In the matter of Vail Resorts, Inc., Vail Associates, Inc., and Vail trademarks, Inc. v. Vend-Tel-Co and Eric A. Hanson, U.S. District Court Judge Richard P. Matsch determined that Vail Associates could not use its registered trademark VAIL to prevent Eric Hanson from using his registered trademark, 1-800-SKI VAIL. The small business provides condo, hotel, and resort reservations at a variety of ski area locations through dozens of 1-800-SKI phone numbers ranging from 1-800-SKI ASPEN to 1-800-SKI TELLURIDE.

The popular Colorado ski and snowboard resort is currently considering an appeal of the Court's decision.

Vail Associates first became aware of Hanson's business in 1995, but it was not until 2001 that Vail Associates filed suit to try to stop the 1-800-SKI VAIL telephone number. In the lawsuit, Vail Associates claimed the use of 1-800-SKI VAIL constituted trademark infringement, unfair competition, and a deceptive trade practice. It also requested that the 1-800-SKI VAIL trademark registration be canceled.

In the Judgment filed January 3, Judge Matsch noted that Vail Pass predated the Vail ski area, the Federal Court rejected each of Vail Associates' claims and awarded the Defendant their costs.

Commenting on testimony by one of Vail Associates' witnesses, the Court found that "most people can't identify a specific company with the purchase of their ski vacations products. They are familiar with places to ski as a place, not a company." Commenting on Vail Associates' position that any association between skiing and Vail should be prohibited, the Court stated: "This claims too much." It found that there was neither actual confusion nor a likelihood of confusion through Vend-Tel-Co's use of 1-800-SKI VAIL. The Court also refused to cancel Hanson's 1-800-SKI VAIL trademark registration.

"This shows economic competition is alive and well in America," says Hanson. Now consumers can get the best deal."

"The court recognized the validity and contestable status of the long-standing Vail trademark registration," says Kelly Ladyga, spokesperson for Vail Resorts, "but we disagree with the court's decision that Vend-Tel-Co's use of the 1-800-SKI-VAIL was not trademark infringement and we may decide to appeal that portion of the decision."