FlyerTalk Forums - View Single Post - AA suing DL over use of the word "flagship"
Old Dec 21, 2019, 10:50 am
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Zorak
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AA suing DL over use of the word "flagship"

There are some law blogs/news sites that have this too but require a login right now, so OMAAT: https://onemileatatime.com/american-...elta-flagship/

American claims that Delta started using the term “flagship” in 2016, first as a modifier. For example:

* Delta has referred to their new business class product as their “flagship Delta One Suite”
* Delta has referred to their A350 as the “flagship Airbus A350”
* Delta has referred to their new SkyClub as the “flagship Delta SkyClub at ATL”

Note that this isn’t done consistently, but rather primarily in press releases, etc. For example, the page describing Delta’s business class doesn’t use the word “flagship” once.
and quoting from the actual complaint:

“Despite knowing that American owns the exclusive right to use the Flagship marks, Delta has begun to use the terms ‘flagship,’ ‘Flagship,’ and ‘FLAGSHIP’ to promote its own airport lounges and premium services and interiors.

This is no accident. American believes Delta is looking to capture additional market share by targeting its greatest competitor, American, and eroding the brand, goodwill, and value that American has built over the past eighty years through the Flagship marks.”


This seems silly and pretty obvious to fail over a generic lowercase-f use of "flagship" vs. incorporating it into a logo/brand/etc. but IANAL.

I also wonder if maybe it's one of those things where everyone knows it's silly but if they don't "fight" this then it will erode their claim to damages if a legitimate case of infringement arises.
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