UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/400318
APPLICANT: Kitty Hawk Kites, Inc.
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CORRESPONDENT ADDRESS: LARRY L. COATS COATS & BENNETT, P.L.L.C 1400 CRESCENT GREEN SUITE 300 CARY, NORTH CAROLINA 27511 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: KITTY HAWK
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/400318
Action on this application was suspended pending the disposition a cancellation proceeding involving Reg. Nos. 1000305 and 1220968. The cancellation proceeding has concluded and Reg. Nos. 1000305 and 1220968 have been cancelled.
Accordingly, the refusals under Trademark Act Section 2(d) as to Reg. Nos. 1000305 and 1220968 are hereby withdrawn.
The following statutory refusal, which was continued in the Notice of Suspension of May 16, 2003, is herby continued and made final.
Registration was refused because the mark is primarily geographically descriptive of the origin of applicant’s goods. Trademark Act Section 2(e)(2), 15 U.S.C. §1052(e)(2); TMEP §§1210.01(a) and 1210.04(b).
A two-part test is applied to determine whether a mark or term is geographically descriptive. First the term must be the name of a place known generally to the public. Second, the public must be likely to make a goods-place or services-place association, i.e., believe that the goods or services originate from that location. In re California Pizza Kitchen, 10 USPQ2d 1704, 1705 (TTAB 1989) (goods); In re MCO Properties, Inc., 38 USPQ2d 1154, 1155 (TTAB 1995) (services).
The attached evidence from The Getty Thesaurus of Geographic Places Online, http://www.getty.edu/research/conducting_research/vocabularies/tgn/; Encarta® World English Dictionary [North American Edition] © & (P)2003; www.encarta.msn.com; The American Heritage® Dictionary of the English Language: Fourth Edition. 2000; and The Columbia Gazetteer of North America. 2000; show that the primary significance of the term “KITTY HAWK” is the name of a geographic location that the public generally knows. The public is likely to believe the goods will originate from that place because applicant address indicates that the applicant is located in Kill Devil Hills, North Carolina, which is located near Kitty Hawk, North Carolina[1]. Thus there is a presumed goods place association. In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re U.S. Cargo, Inc., 49 USPQ2d 1702 (TTAB 1998); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989); In re Handler Fenton Westerns, Inc., 214 USPQ 848 (TTAB 1982); TMEP §1210.04(b).
Applicant contends that “Kitty Hawk, North Carolina is not known for clothing” and therefore the mark is not geographically descriptive. The examining attorney respectfully disagrees. A prima facie showing that a public association exists between applicant’s goods and/or services and the geographic place named in the proposed mark is sufficient to support a refusal. The named geographic location need not be famous, but rather only likely to be associated with applicant’s goods and/or services. See, e.g., In re Loew’s Theatres, Inc., 769 F.2d 764, 226 USPQ 865 (Fed. Cir. 1985). It is not necessary to show that the place identified in the mark is well known or noted for the goods to establish a goods/place place association in support of a refusal under §2(e)(2). In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001) (MINNESOTA CIGAR COMPANY primarily geographically descriptive of cigars). The examining attorney “must show only a reasonable basis for concluding that the public is likely to believe the mark identifies the place from which the goods [or services] originate….” In re Loew’s Theatres, Inc., 769 F.2d 764, 768, 226 USPQ 865, 868 (Fed. Cir. 1985) (evidence from a gazeteer and dictionary showing that tobacco is a crop produced and marketed in Durango, Mexico held sufficient to establish a prima facie goods/place association).
Applicant states that Kitty Hawk “is not known for anything but for the fact that Orville and Wilbur Wright were the first humans to fly an airplane at Kitty Hawk. The relationship of Kitty Hawk and flight is powerful and overcomes any suggestion that ordinary consumers would attach geographical significance to the mark KITTY HAWK when used in connection with clothing.” The examining attorney acknowledges that the geographic location of Kitty Hawk is associated with the Wright brothers’ first successful airplane flights, however, this does not overcome the fact that the primary significance of the term Kitty Hawk is geographic, rather, it reinforces the geographic significance as it is the geographic location where these events occurred. Moreover, Kitty Hawk is a known tourist destination, and articles of clothing, such as the applicant’s “T-shirts, shorts, pants, sweatshirts, caps, sweaters and jackets” are typical souvenir items which are widely available in tourism destination. (Please see the attached Lexis/Nexis articles discussing tourism and Kitty Hawk. In addition, please see the attachments obtained from the Internet referencing businesses in Kitty Hawk that sell articles of clothing.) Accordingly, as a tourist destination, it is common for articles of clothing in such tourist destination to bear the geographic name of the tourist destination, in this case, Kitty Hawk. As such, consumers are likely to perceive the mark “KITTY HAWK” as indicating the geographic origin of the goods, rather than functioning as a trademark.
Accordingly, the refusal to register under Trademark Act Section 2(e)(2) is continued and made final.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
/Monique C. Miller/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 228
(703) 746-8108(FAX)
ecom108@uspto.gov
[e-mail address and FAX number are for official responses only]
CHANGE OF ADDRESS FOR MAILING TRADEMARK CORRESPONDENCE
To expedite processing, the Office encourages parties to file documents through the Trademark Electronic Application System, at http://www.gov.uspto.report/teas/index.html, wherever possible.
Effective May 1, 2003, the mailing addresses for filing trademark-related documents on paper has changed. See notices at 68 FR 19371 (April 21, 2003) and 68 FR 14332 (March 25, 2003).
All trademark-related correspondence filed by mail, except for documents sent to the Assignment Services Division for recordation and requests for copies of trademark documents, should be addressed to:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
The mail box designations previously listed in TMEP §305.01 are no longer in use.
Requests to record documents in the Assignment Services Division can be filed electronically at http://etas.gov.uspto.report/. Paper documents and cover sheets to be recorded in the Assignment Services Division should be sent to:
Mail Stop Assignment Recordation Services
Director of the United States Patent and Trademark Office
P. O. Box 1450
Alexandria VA 22313-1450
Copies of trademark documents can be ordered through the Office’s website at http://www.uspto.gov. Requests for certified or uncertified copies of trademark documents filed on paper should be sent, with an authorization to charge the fee to a credit card or USPTO deposit account, to:
Mail Stop Document Services
Director of the United States Patent and Trademark Office
P. O. Box 1450, Alexandria VA 22313-1450
INFORMATION CONCERNING ELECTRONIC RESPONSES
If the applicant chooses to send an official response to this Office action via e-mail (to ecom108@uspto.gov), the applicant is advised that the response must:
(1) be in English;
(2) include the entire response as e-mail text, not as an attachment;
(3) list the serial number in the "Subject" line; and
(4) include any specimens or evidence in jpg format only.
For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg format. Thus, no attachments in WordPerfect®, Word, Adobe® PDF or any other format EXCEPT jpg can be accepted.
Additionally, all such communications sent via e-mail should (1) be signed electronically (using the same format accepted for electronically-filed applications, namely, the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. Acceptable "signatures" could include: /john doe/; /jd/; and /123-4567/. (See 64 FR 33056, 33062 (June 21, 1999)); and (2) address every issue raised. Failure to comply with these additional requirements will result in delays in prosecuting your application.
Increase in Trademark Filing Fee
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accept applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.
A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)). http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-30086.htm>
Applicants may now file changes of correspondence via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this timesaving form, which is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
108B8C
Print Request: Selected Document(s): 5,6,16-19,23,26-28
Time of Request: December 03, 2003 03:35 PM EST
Number of Lines: 314
Job Number: 1842:0:24065806
Client ID/Project Name:
Research Information:
US Newspapers
kitty hawk and tourism
Send to: MILLER, MONIQUE
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON, VIRGINIA 22202-4600
5 of 605 DOCUMENTS
Copyright 2003 Richmond Newspapers, Inc.
Richmond Times Dispatch (Virginia)
November 10, 2003 Monday City Edition
SECTION: AREA/STATE; Pg. B-1
LENGTH: 710 words
HEADLINE: TOURISM GETS LIFT IN N. CAROLINA/ HOTEL VACANCIES HARD TO FIND AS CENTENNIAL OF THE WRIGHT BROTHERS' HISTORIC FLIGHT NEARS
BYLINE: Andrew Petkofsky/ Times-Dispatch Staff Writer, Contact Andrew Petkofsky at (757) 229-1512 or apetkofsky@timesdispatch.com,
BODY:
As the 100th birthday of Wilbur and Orville Wright's historic first airplane ride at Kitty Hawk approaches, the hotel and tourism business in eastern North Carolina is taking flight.
Virtually no vacancies remain at hotels on the Outer ...
...Hatteras for the nights immediately adjacent to the Dec. 17 centennial, and even rental cottages and condos are fast selling out, tourism officials said last week.
The demand for rooms, apparently as high as on a July 4 weekend when the weather is ...
...offseason.
Even in Elizabeth City, on the North Carolina mainland nearly an hour and a half away from Kitty Hawk, some motels had sold out by last week for the nights around Dec. 17. One motel that was offering ...
...unusual."
It is also an indication that the First Flight Centennial Celebration planned at the Wright Brothers National Memorial in Kitty Hawk has captured the imagination of a wide cross-section of people who are history buffs or otherwise qualify as consumers in the tourism market.
"It looks like we have people from every state coming and 16 different countries," said Quinn Capps, spokeswoman ...
...concern. She pointed out that the Outer Banks is host to 250,000 people per week during the summer tourist season.
"The industry here is tourism, so the people here will be prepared for what is taking place."
Capps, the visitors bureau spokeswoman, said the biggest challenge is not the ...
...still remained available late in the week.
Kinser joked that she is tempted to rent out her year-round home, which is in Kitty Hawk, for the centennial week and head someplace less crowded.
"There's going to be a whole lot of people," she said./
On the Internet ...
SUBJECT:
AVIATION HISTORY EVENT TOURISM REAL ESTATE INDUSTRY (90%); TRAVEL LEISURE & HOSPITALITY (90%); TOURISM (90%); HOTELS & MOTELS (90%); NATIONAL PARKS (78%); US STATE GOVERNMENT (77%); TICKET SALES (73%); COUNTIES ( ...
6 of 605 DOCUMENTS
Copyright 2003 Gannett Company, Inc.
USA TODAY
November 10, 2003, Monday, FINAL EDITION
SECTION: NEWS; Pg. 4A
LENGTH: 1499 words
HEADLINE: Beach protection: A tale of two cities in Va.
BYLINE: Dennis Cauchon
DATELINE: VIRGINIA BEACH
BODY:
...owners of oceanfront property. But proponents say beach-restoration projects are an important economic development tool that boosts tourism and property values and supports local businesses.
Hurricane Isabel came ashore Sept. 18 with 105 mph winds on ...
...lines the nation's shores.
Against Hurricane Isabel, those projects worked.
The oceanfront communities that suffered the most damage from the hurricane, including Kitty Hawk and Nags Head, N.C., had not had major beach-replenishment projects. Work in some of these areas was scheduled to begin late ...
16 of 605 DOCUMENTS
Copyright 2003 The Charlotte Observer
All Rights Reserved
Charlotte Observer (North Carolina)
October 10, 2003 Friday ONE-THREE EDITION
SECTION: MAIN; Pg. 1A
LENGTH: 931 words
HEADLINE: NEW SMITHSONIAN EXHIBIT BRINGS WRIGHT FLYER DOWN TO EYE LEVEL;
EVEN BEFORE SATURDAY OPENING, MUSEUM ATTENDANCE TAKING OFF
BYLINE: TIM FUNK, OBSERVER WASHINGTON BUREAU
DATELINE: WASHINGTON
BODY:
...for the next two years - the centerpiece of a new exhibit celebrating the centennial of the Wright brothers' four flights at Kitty Hawk on Dec. 17, 1903.
"Until you've seen it in this setting, you just haven't seen the airplane," Peter ...
...history of powered, heavier-than-air flight.
More will follow, leading up to the First Flight Centennial Celebration in Kitty Hawk, Dec. 13-17, and the opening of a mammoth new air and space center at Washington's Dulles International Airport ...
...visitors totaled 10.8 million - a jump of 3.3 million from the year before.
"And this in a year when some say tourism is down," said retired Marine Gen. J.R. "Jack" Dailey. "We think the focus is coming back to the centennial year."
That focus ...
...virtue of a coin toss - was flying when man first achieved flight.
Among the other artifacts:
The stopwatch used to time the Kitty Hawk flights and the pocket watch, its glass busted, that Orville Wright carried on the historic first flight.
One of only five ...
...Wright. The first sight of them - or at least life-size photos of them - is on their front porch in Dayton.
To re-create Kitty Hawk, then a desolate fishing village overrun with mosquitoes, Brennan had sand hauled from Kitty Hawk itself - with the permission of the National Park Service, which now tends to the windswept runway.
She was interested in getting the color of the sand just right.
Visitors will also hear what the Wright brothers heard in Kitty Hawk: sea gulls and crashing waves.
The exhibition also re-creates French art salons of the early 20th century, where visitors can ...
17 of 605 DOCUMENTS
Copyright 2003 The Houston Chronicle Publishing Company
The Houston Chronicle
October 05, 2003, Sunday 2 STAR EDITION
SECTION: TRAVEL; Pg. 3
LENGTH: 1146 words
HEADLINE: Colonial Williamsburg cuts programs
SOURCE: Houston Chronicle News Services
BODY:
...said.
After being pounded last month by Hurricane Isabel, most North Carolina beach towns have reopened to tourism. But visitors are still being advised to call ahead to specific lodgings. Most properties in Kitty Hawk, Kill Devil Hills and Nags Head are welcoming guests again. Recovery was even faster on the Dare County mainland, Roanoke Island, Duck, Southern Shores and Currituck. Hatteras Island was heavily damaged but is again generating some tourism. South Nags Head and Ocracoke's reopening dates remained uncertain. There were no significant disruptions south of the Outer Banks, said Greer Beaty, director of public relations for North Carolina tourism. For details on the status of North Carolina's beaches, call 800-446-6262 or access www.outerbanks.org. ...
...Great Barrier Reef? (The answer is at the end of Travel Almanac.)
BARGAIN COUNTER
As part of an international campaign to increase tourism, Japan has launched a Web site to highlight deals. The site, www.japanwelcomesyou.com, describes a range of packages that ...
18 of 605 DOCUMENTS
Copyright 2003 Sentinel Communications Co.
Orlando Sentinel (Florida)
October 5, 2003 Sunday, FINAL
SECTION: TRAVEL; Pg. L2
LENGTH: 576 words
HEADLINE: HAVE A BALL AT MIAMI BAT EXHIBIT
BODY:
...areas of the North Carolina coastal destination are recovering from the assault of Hurricane Isabel, the majority of hotels, motels and rental homes in Kitty Hawk, Kill Devil Hills, northern Nags Head and on north Hatteras Island -- which includes Rodanthe, Waves, Salvo, Avon, ...
...updates, call 1-877-298-4373, or visit outerbanks.org.
TASTE OF TORONTO
In an effort to revive tourism after this year's SARS outbreak, Toronto is offering travel incentives designed to showcase the city's cultural attractions. The "Time for ...
SUBJECT:
...90%); ZOOS & AQUARIUMS (75%); HOTELS & MOTELS (72%); MAGAZINE PUBLISHING (68%); MEDIA INDUSTRIES (68%); PUBLISHING (68%); TOURISM (67%); WEATHER (67%); BOOK MUSIC & HOBBY STORES (63%); NEWSSTANDS (63%); RETAIL TRADE (63%);
19 of 605 DOCUMENTS
Copyright 2003 P.G. Publishing Co.
Pittsburgh Post-Gazette (Pennsylvania)
October 5, 2003 Sunday FIVE STAR EDITION
SECTION: TRAVEL, Pg.F-3 TRAVEL NOTES
LENGTH: 1006 words
BODY:
...coasts of North Carolina, Virginia, Maryland and Delaware, most beach towns have reopened for business.
Most properties in Kitty Hawk, Kill Devil Hills and Nags Head, N.C., were welcoming visitors days after the storm. Ditto for the Dare County ...
...still clearing up.
Ocean City, Md., was back to normal a few days after the storm. Annapolis reports its tourism services are back up and running.
Because of fallen trees, inland sections of Virginia Beach suffered more damage than its resorts. Delaware's ...
23 of 605 DOCUMENTS
Copyright 2003 Dayton Newspapers, Inc.
Dayton Daily News (Ohio)
September 26, 2003 Friday CITY EDITION
SECTION: LOCAL; Pg. B1
LENGTH: 645 words
HEADLINE: WRIGHT SITE SURVIVES THE WRATH OF ISABEL
BYLINE: Timothy R. Gaffney tgaffney@DaytonDailyNews.com
BODY:
...flight celebration at the Wright Brothers National Memorial, watched the storm weaken to a Category 2 hurricane and decided her Kitty Hawk house could take it.
"We have a fairly new home. We watched it being built and we knew it was sturdy," Hilton ...
...better than most people are aware of. Most businesses have been open for the last several days," said John Harris, owner of Kitty Hawk Kites in Nags Head.
Kitty Hawk, Kill Devil Hills - the town surrounding the memorial - and Nags Head are on the northern stretch of the Outer Banks. That area reopened to ...
...rest of the Outer Banks are scheduled to reopen Monday, according to Carolyn McCormick, managing director of the Outer Banks Visitors Bureau.
Tourism is the lifeblood of the Outer Banks' economy. While 40,800 people live there, about 7 million visitors come each year. ...
...said the latest visit was planned well before the hurricane, but is more important now because it could help publicize the resumption of tourism.
"It's a very positive thing, and people need to know things are OK here," Harris said.
Contact Timothy R. Gaffney ...
SUBJECT:
NATIONAL PARKS (77%); TOURISM (66%); TRAVEL LEISURE & HOSPITALITY (66%);
26 of 605 DOCUMENTS
Copyright 2003 The News and Observer
The News & Observer (Raleigh, North Carolina)
September 24, 2003 Wednesday, FINAL EDITION
SECTION: NEWS; Pg. A18
LENGTH: 842 words
HEADLINE: Tourism industry says state is open for business
BYLINE: Jonathan B. Cox, Staff Writer
BODY:
...take
in North Carolina's attractions.
"Of course it's OK ," said Lynn Minges, executive director of
the N.C. Division of Tourism. "We have a big state. It's a
perception problem, and that sometimes is as hard to deal with as
the reality."
...parts of the Outer Banks are back to normal. Preliminary
estimates have at least 200 hotel rooms in the Nags Head and
Kitty Hawk areas destroyed.
Kitty Hawk has condemned houses along a 4- mile stretch of
N.C. 12, at least until water, power and sewer ...
...remain
closed for at least a couple of days. Southern Nags Head and the
most severely damaged parts of Kitty Hawk likely will take
longer.
Even with restrictions lifted, hotels and real estate agents
won't be finished with repairs and can't ...
...depend a lot on the weather and the fishing," he said. "People
will still come for the day if that materializes."
State tourism officials just want people to come -- somewhere.
They plan a series of print ads and radio spots in Atlanta, ...
...Pinehurst and a
number of festivals.
Some coastal communities that weren't hurt by Isabel also are
touting their beaches. The Carteret County Tourism Development
Authority plans to let potential visitors know that the Crystal
Coast, which includes Emerald Isle and Pine Knoll Shores, is ...
SUBJECT:
WEATHER; DISASTER; NC; COAST; TOURISM; Hurricane Isabel; Nags Head; Outer Banks; TRAVEL LEISURE & HOSPITALITY (90%); NATURAL DISASTERS (78%); POWER FAILURES (78%); TROPICAL STORMS (78%); TOURISM (78%); REAL ESTATE INDUSTRY (73%); REAL ESTATE AGENTS (72%); COASTAL AREAS (71%); BANKING & FINANCE (68%); ...
27 of 605 DOCUMENTS
Copyright 2003 The News and Observer
The News & Observer (Raleigh, North Carolina)
September 23, 2003 Tuesday, FINAL EDITION
SECTION: NEWS; Pg. A1
LENGTH: 903 words
HEADLINE: State to rebuild N.C. 12
BYLINE: Dan Kane, Wade Rawlins, Amy Gardner, Staff Writers
BODY:
...Senate leader Marc Basnight, a Manteo Democrat, said
a broken highway would cause a crushing blow to tourism on the
Outer Banks.
Dare County, which takes in most of the barrier islands, sends
more to the state in taxes than ...
GRAPHIC:
...saw. Staff Photo by Travis Long Senate Leader Marc Basnight favors re-building road. In Kitty Hawk, Brendan and Lila Clements walk their dog, Samantha, past chunks of asphalt, all that is left of N.C. 12 through the town ...
28 of 605 DOCUMENTS
Copyright 2003 Crain Communications Inc.
Business Insurance
September 22, 2003, Monday
SECTION: Pg. 1
LENGTH: 1148 words
HEADLINE: Isabel claims put at $1 billion; Extent of losses less than feared
BYLINE: SALLY ROBERTS and DAVE LENCKUS
BODY:
...Montgomery, managing director of the Carolinas for Aon Group Inc. in Charlotte, N.C. ''If there is a good place for it to hit the East Coast of North Carolina, the Outer Banks is it. Outside of the tourism industry, there's not a lot of commerce there,'' he said.
''Clearly, some resort properties have been damaged, but in the whole scheme of things it could have been a lot worse,'' Mr. Montgomery said.
He said that as of Friday ...
GRAPHIC:
Residents of Kitty Hawk, N.C., survey the damage to Highway 12 and to ocean-front homes from Hurricane Isabel, which lashed the Eastern seaboard last week. * Photos from the International Space Station (top left) and from U.S. weather satellites (above) ...
[1] Please see the attached maps obtained online at http://www.outerbanks.org; and www.nps.gov/caha/map.htm; showing the proximity of Kill Devil Hills to Kitty Hawk.