The American airline has sued its rival for the infringement of several of its trademarks after Delta used the word “flagship” to promote its own airport lounges and Premium and interior services.

According to the lawsuit, the use of the term is confusingly similar to the established use of the American Airlines brands such as “Flagship”, “Flagship Lounge” and “Flagship Suite”, to describe Premium air travel services for First Class and Business Class passengers since the 1930s.

“That confusion is only amplified because Delta is using these terms to promote its own Premium air travel services, which turn out to be the same services for which American has used those brands for decades. This is not a coincidence,” reads the lawsuit.

According to American, Delta is looking to cause confusion in the market and to use ads and press releases to “erode” its brands.

“Delta believes that American Airlines is one of its biggest competitors, if not its biggest competitor. Some of Delta’s main marketing strategies include persuading consumers to choose Delta instead of American Airlines and trying to persuade loyal customers to switch to Delta.”

In this sense, the airline explains that Delta’s marketing strategies rely heavily on its own brands and, therefore, the use of the term “must be a tactical and strategic option.”

With that in mind, American Airlines accuses Delta of intentional trademark infringement, and is asking for a permanent court order and damages.

Brands Protection News