AA suing DL over use of the word "flagship"
Dec 21, 2019, 3:13 pm
#16
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Does anyone remember whether PMNW ever used the word flagship?
Dec 21, 2019, 3:36 pm
#18
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There is nothing wrong with standard english use of the word flagship.
Using the word as an adjective as in “our flagship Sky Club Lounge” is different from using the word as a proper noun. If they branded their products using the word Flagship as a trademark in the same manner that AA does, that could be copyright infringement.
Using the word as an adjective as in “our flagship Sky Club Lounge” is different from using the word as a proper noun. If they branded their products using the word Flagship as a trademark in the same manner that AA does, that could be copyright infringement.
Dec 21, 2019, 3:54 pm
#20
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Deltas use of the term is actual trademark infringement in a classic sense. The use of the term directly infringes on Americans mark and creates confusion in thr marketplace with similar if not identical customers. I think AA will prevail in this lawsuit and frankly DL should know better. The only way they will get off is by either claiming the term flagship is non distinctive and therefore not a real trademark, something very hard to do in the USA after registration, or they will have to prove prior use.
Registration really isn't some trump card that allows you to control all uses of a word in the dictionary. I'm not sure they could say with a straight face that any passengers are confused and think they are booking an American product when they read a Delta press release using the word "Flagship" or on the Delta website.
What's next, suing Southwest if it says their flights have an "advantage" over others?
Dec 21, 2019, 4:05 pm
#21
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Dec 21, 2019, 4:15 pm
#23
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I think this reflects a common misunderstanding of how trademarks work. Both Delta faucets and Delta airlines have registered trademarks for Delta. I still would win if either sued me for advertising trips to the Mississippi Delta.
Registration really isn't some trump card that allows you to control all uses of a word in the dictionary. I'm not sure they could say with a straight face that any passengers are confused and think they are booking an American product when they read a Delta press release using the word "Flagship" or on the Delta website.
What's next, suing Southwest if it says their flights have an "advantage" over others?
Registration really isn't some trump card that allows you to control all uses of a word in the dictionary. I'm not sure they could say with a straight face that any passengers are confused and think they are booking an American product when they read a Delta press release using the word "Flagship" or on the Delta website.
What's next, suing Southwest if it says their flights have an "advantage" over others?
Dec 21, 2019, 4:36 pm
#24
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Words of common usage alone can be trademarked. Whether that mark is infringed depends on how it's used.
Dec 22, 2019, 9:23 am
#26
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There is nothing wrong with standard english use of the word flagship.
Using the word as an adjective as in “our flagship Sky Club Lounge” is different from using the word as a proper noun. If they branded their products using the word Flagship as a trademark in the same manner that AA does, that could be copyright infringement.
Using the word as an adjective as in “our flagship Sky Club Lounge” is different from using the word as a proper noun. If they branded their products using the word Flagship as a trademark in the same manner that AA does, that could be copyright infringement.
AA uses the word most, like DL uses "Delta One", to describe their premium international product. DL avoids using the word to describe premium service but does use it to describe the suite-equipped aircraft that contain that product. My guess is DL removes the red tag "FLAGSHIP" from its reservations interface when searching for a flight since the only aircraft called "flagships" also happen to have that most premium D1 product.
Dec 22, 2019, 9:30 am
#27
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I think AA is still mad that Delta started calling itself "The On Time Machine", a slogan that AA used in TV commercials circa 1990 (I'm guessing that AA either never trademarked this or let its trademark/servicemark lapse).
Dec 22, 2019, 11:11 am
#28
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I just heard that AA sued Starfleet for referring to the Enterprise D as the Flagship of Starfleet. People will be confused and Starfleet will be taking advantage of the AA goodwill. It must stop.
Dec 22, 2019, 11:24 am
#29
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spamkiller They invade our space and we fall back . . . not again. The line must be drawn here! This far, nor further!
Dec 22, 2019, 12:25 pm
#30
Join Date: Dec 2014
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“Flagship” is a descriptive trademark, which is one of the least protectable types of trademarks. In order for American Airlines to win this suit, they would have to demonstrate that Delta’s use of the word “flagship” could cause consumers to confuse American’s and Delta’s products. Given that Delta only uses the word flagship in the context of their own products (e.g. on their own website, with their logo), it is difficult for American to successfully make this argument.