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QF To Be Sued By A...  
User currently offlineRussophile From , joined Dec 1969, posts, RR:
Posted (10 years 8 months 4 days 19 hours ago) and read 4391 times:

....virtual airline!

Looks to me that QF is going to have some egg on their face, when it becomes clear that their marketing and branding people have ripped off a trademark and their livery from a virtual airline.

http://www.jetstarairlines.com/pressrelease.html

The JetStar which is trademarked



QANTAS JetStar



Part of me says that if QF or their contractors, stole the JetStar design, brand, etc, then this is wrong.

But then the other part of me which is disgusted with US trademark laws, says good on QANTAS. Now all we need is a few more trademarks breached where money is actually involved, and then we can make up for the Ugg fiasco.

20 replies: All unread, jump to last
 
User currently offlineRoberta From , joined Dec 1969, posts, RR:
Reply 1, posted (10 years 8 months 4 days 19 hours ago) and read 4294 times:

Whats this new airline, will they be based in Australia and why are they not getting 737NG's to slot in with QF's 737

User currently offlineScbriml From United Kingdom, joined Jul 2003, 12888 posts, RR: 46
Reply 2, posted (10 years 8 months 4 days 19 hours ago) and read 4241 times:
Support Airliners.net - become a First Class Member!

Roberta, Keep up at the back!  Smile

Yes JetStar will be based in Oz. They will be using A320s to compete with Virgin Blue's B737s.

Use the Search function - there are a number of JetStar topics in this forum.



Time flies like an arrow, but fruit flies like a banana! #44cHAMpion
User currently offlineRoberta From , joined Dec 1969, posts, RR:
Reply 3, posted (10 years 8 months 4 days 18 hours ago) and read 4129 times:

Roberta, Keep up at the back!

sorry as much as i like aviation, an new LCC starting in Australia is not really going to interest me here in London

And why the heck arent they getting 737's. QF use 737's, so they could share maintenance.


User currently offlineNoelG From , joined Dec 1969, posts, RR:
Reply 4, posted (10 years 8 months 4 days 18 hours ago) and read 4118 times:

I say good for them - QF's version is clearly a rip-off of the original - just look at the shape of the star!!

I hope the VA is successful - it's clearly been around far longer than the Qantas version.

It wouldn't take QF long to sue the virtual airline for copyright infringements would it?



User currently offlineBigphilnyc From United States of America, joined Jan 2002, 4077 posts, RR: 54
Reply 5, posted (10 years 8 months 4 days 18 hours ago) and read 4100 times:

Ummm...what's a virtual airline? It sounds fake, like something a 15 year old would make up because he has no friends.

If that's the case, screw them, let QF actually DO something with the name.

"Mom, can I sue a major airline becuase I made this neato paint scheme in Flight Simulator with the smae name? Please?"

"Wait till your father gets home, you cna ask him, swetty. Want some cheesy poofs?"



Phil Derner Jr.
User currently offlineZweed From Netherlands, joined Apr 2004, 455 posts, RR: 0
Reply 6, posted (10 years 8 months 4 days 18 hours ago) and read 4089 times:

Anyone claiming that livery is a rip-off needs to get his vision and eyes checked

User currently offlineGerardo From Spain, joined May 2000, 3481 posts, RR: 30
Reply 7, posted (10 years 8 months 4 days 18 hours ago) and read 4023 times:

Looking at the liveries, I find it hard to see a copyright infringement. After comparing the logos and the websites, I find it even harder to find anything backing up the VA's complaints.

Compare the ...
... names (Jetstar International Airlines - Jetstar Airways)
... colors
... logos
... URL's
... and more

It's also funny, that a US based VA (look at th ubs) offers cheap Australian domestic tickets thru Expedia.com.

Sounds to me like a 15 year old brat who sees "muchos dolares", or perhaps he is up for a bit popularity to get more trafic to his website.

But then again, I'm no lawyer ....  Smile/happy/getting dizzy

Gerardo

[Edited 2004-04-23 14:05:21]


dominguez(dash)online(dot)ch ... Pushing the limits of my equipment
User currently offlineZweed From Netherlands, joined Apr 2004, 455 posts, RR: 0
Reply 8, posted (10 years 8 months 4 days 18 hours ago) and read 4007 times:

Agree with you there Gerardo. Seems to be just another one of those american glory hunters who see lawsuits as a easy way to earn fast and lots of money.

User currently offlineGerardo From Spain, joined May 2000, 3481 posts, RR: 30
Reply 9, posted (10 years 8 months 4 days 18 hours ago) and read 3999 times:

OK, Zweed summed up quite correctly, what I tried to say in a dozen or so lines.  Smile/happy/getting dizzy

Gerardo



dominguez(dash)online(dot)ch ... Pushing the limits of my equipment
User currently offlineAOMlover From Singapore, joined Jul 2001, 1308 posts, RR: 11
Reply 10, posted (10 years 8 months 4 days 18 hours ago) and read 3990 times:

Gerardo, I believe they put the "cheap lc fares throughout Australia" banner on their website because they were fed up of people coming on their website and using their bandwitch, thinking they're at the jetsar airways website.

User currently offlineGerardo From Spain, joined May 2000, 3481 posts, RR: 30
Reply 11, posted (10 years 8 months 4 days 17 hours ago) and read 3954 times:

I somehow doubt, that they got flooded so heavily with requests for cheap Jetstar flights. Would you type "www.jetstarairlines.com" in your WWW-browser to llok for Jetstar? Did the Jetstar marketing team really forget to communicate their - BTW, much easier - URL? When have you first heared of this VA?

Nope, I'm still for the "brat smelling cheap $$$"-version...  Wink/being sarcastic

Gerardo



dominguez(dash)online(dot)ch ... Pushing the limits of my equipment
User currently offlineDexter From Austria, joined Jul 2000, 261 posts, RR: 1
Reply 12, posted (10 years 8 months 4 days 17 hours ago) and read 3952 times:

Hehe, yeah I'm sure the VA does want to get some €€€, but then again they DID register the trade mark first, so they do have a right to defend themselves.

The livery is totally different IMO. And that star is different. Of course if you call your airline "JetStar", you have no choice but put a star somewhere on the fuselage.

Not sure if that really was a poor job on Qantas' behalf. Their Jetstar will operate domestic Australian routes, so it shouldn't be a problem for a virtual airline from the U.S.


User currently offlineAkumas From Australia, joined Jan 2004, 434 posts, RR: 2
Reply 13, posted (10 years 8 months 4 days 17 hours ago) and read 3887 times:

Gerardo I made the observation that Jetstar International Airlines where getting flooded with employment companies, rent-a-car companies and consumers. These people thought that it was a website for Jetstar Airways, the new Australian low-cost-carrier. AOMlover cleared that up well.

Personally, I'm on Jetstars side. If you Euro's and American's realized how little competition we have here, you would shriek. We only have 1 national low-cost-carrier, DJ and 'soon to be (?)' JQ. (A.net still haven't entered Jetstar into the database..Wth is Jamaica Express?). So, every airline here is valued.

I think Virtual Airlines are a good idea, and not all of them are run by 15 year olds.

Oh and just for fun - put your mouse over here; JQ

[Edited 2004-04-23 14:56:59]

User currently offlineWedgetail737 From United States of America, joined Aug 2003, 5951 posts, RR: 6
Reply 14, posted (10 years 8 months 4 days 16 hours ago) and read 3810 times:
Support Airliners.net - become a First Class Member!

How does U.S. Trademark laws affect Australia???? Since Jestar is wholly owned in Australia, I don't think U.S. trademark laws apply. It's just like saying Air Asia has to meet U.S. FAA regulations when they don't even fly to the U.S.

User currently offlineVectorVictor From United States of America, joined Feb 2005, 0 posts, RR: 0
Reply 15, posted (10 years 8 months 4 days 16 hours ago) and read 3808 times:

Qantas will prevail.

But who is ripping off whom? Perhaps Continental Airlines would like to have talk with this vitural airline nerd about the star on his airplanes. It's straight off the Texas International logo which is now part of Continental.


View Large View Medium

Photo © Steven Thomson



[Edited 2004-04-23 15:25:01]

User currently offlineStarFlyer From Germany, joined Sep 2002, 987 posts, RR: 1
Reply 16, posted (10 years 8 months 4 days 15 hours ago) and read 3625 times:

The virtual airline has no case here, unless they trademark is registered in the same classes as QF's JetStar, which I doubt, as registration in each class costs a signficant (for a virtual airline) amount of money.

/Star  Big thumbs up



Yours truly - StarFlyer
User currently offlineKEno From Malaysia, joined Feb 2004, 1842 posts, RR: 27
Reply 17, posted (10 years 8 months 4 days 15 hours ago) and read 3587 times:

If Jetstar (US) really does have a case, how dumb are QF for not looking into copyright issues in the first place???

User currently offlineRussophile From , joined Dec 1969, posts, RR:
Reply 18, posted (10 years 8 months 4 days 15 hours ago) and read 3527 times:

Starflyer, you can see from the trademark registrations, that both trademarks are registered in the air transportation category. It's iffy -- I think it would all come down to when the trademark was first registered, and by whom.

User currently offlineLTBEWR From United States of America, joined Jan 2004, 13200 posts, RR: 15
Reply 19, posted (10 years 8 months 4 days 13 hours ago) and read 3454 times:

During the Internet boom, there were many people whom created and registered website names that included the names of major corporations to get rich by getting paid off to relenquish the registration of the name. Others would add anti- or other prefixes/suffuxes to names to look for a buyout. For example, someone might register AntiUnitedAirlines .com or register a company name with different country or other dot codes, like .uk or .tv. The same thing happens with trademarks too.
I suspect this is what happened here, where someone took an idea/trademark/logs they thought would be used someday, registered it, and hope when someone wanted to use the name, would come to them and pay them off - hopefully with big bucks.
There are better protections now to prevent people who register active internet address names, giving priority to companies already active. Many companies maintain extensive registerations of their business names/trademarks or variations of them (including the company/trade name with boycott-, anti-, -sucks) to cover any possible abuses or misuse, even if the possible use isn't directly involved with their business. US Copyright and Trademark law also allows people who want to register a name or use of a name to have it subject to publication to allow for public comment or for a company with a like or similar name to object to the granting of the name. I have assisted in the filing of objections to companies using similar names of a client for a product.


User currently offlineIndustrialPate From , joined Dec 1969, posts, RR:
Reply 20, posted (10 years 8 months 4 days 8 hours ago) and read 3311 times:

Ummm...what's a virtual airline? It sounds fake, like something a 15 year old would make up because he has no friends.

You nailed it Bigphilnyc.


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