Search found 12659 matches

by D L X
Tue Jan 14, 2020 9:39 pm
Forum: Civil Aviation
Topic: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School
Replies: 565
Views: 56656

Re: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School

Here's another video, longer than the one posted upstream. Turn your sound on. https://twitter.com/TomPodolec/status/1217173396297076737?s=20 Does that sound like a Trent to you? PS: if I were one of the parents of the children at this school, I'd be PIIIIISSED! Lol this sounds like a scene from ai...

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by D L X
Tue Jan 14, 2020 9:30 pm
Forum: Civil Aviation
Topic: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School
Replies: 565
Views: 56656

Re: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School

https://twitter.com/TomPodolec/status/1 ... 76737?s=20

Does that sound like a Trent to you?

PS: if I were one of the parents of the children at this school, I'd be PIIIIISSED!
-->

Here's another video, longer than the one posted upstream. Turn your sound on.

https://twitter.com/TomPodolec/status/1 ... 76737?s=20

Does that sound like a Trent to you?

PS: if I were one of the parents of the children at this school, I'd be PIIIIISSED!

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by D L X
Tue Jan 14, 2020 9:25 pm
Forum: Civil Aviation
Topic: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School
Replies: 565
Views: 56656

Re: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School

Also, doesn't this mean that other traffic into LAX had to fly through a plume of dumped fuel?

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by D L X
Tue Jan 14, 2020 9:24 pm
Forum: Civil Aviation
Topic: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School
Replies: 565
Views: 56656

Re: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School

Just for reference, ATC only requires 2000 ft above the highest obstacle for fuel dumping. https://www.faa.gov/air_traffic/publications/atpubs/atc_html/chap9_section_4.html Thanks. I stand corrected. However, the science appears to say that only above 6000' can you expect more than 90% of the fuel ...

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by D L X
Tue Jan 14, 2020 9:15 pm
Forum: Civil Aviation
Topic: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School
Replies: 565
Views: 56656

Re: A DL 772, Flying LAX-PVG, Makes Emergency Landing And Dumps Fuel On School

This plane never got above 8000 feet, and was around 2300' when if passed over Cudahy, CA. Per the internet, 6000' is the minimum dump altitude. https://www.flightradar24.com/data/flights/dl89#23856f50 While definitely a sticky situation, you do what you gotta do when there is an emergency situation...

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by D L X
Thu Jan 09, 2020 10:40 pm
Forum: Civil Aviation
Topic: Iran admits to accidentally shooting down Ukraine Flight 752
Replies: 2719
Views: 293323

Re: Reports of Ukrainian 737 Crash in Tehran,Iran

I just hope investigators find other reasons for this crash. I had friends on that flight, heading for Canada. My condolences. I know it may be hard to believe, but it’s not actually that weird that someone would have a video of this incident. While it is very unlikely that any individual would be ...

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by D L X
Tue Jan 07, 2020 5:57 pm
Forum: Civil Aviation
Topic: 2020 CES Charters / Equipment Upgauge Thread
Replies: 28
Views: 4987

Re: CES Las Vegas

hrc773 wrote:
johns624 wrote:
Am I the only one who had to google CES?

Lol! I just did, but I figured it was some huge convention.

The biggest convention Las Vegas sees, which might make it the biggest convention in the entire world.

I’ll be on an AA 333 later this week due to CES.

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by D L X
Fri Jan 03, 2020 9:03 pm
Forum: Civil Aviation
Topic: Fokker 100 Crashes in Kazakstan
Replies: 99
Views: 27346

Re: Fokker 100 Crashes in Kazakstan

Allegedly the Chief Pilot at Bek Air (wholly unconfirmed, per the site's management), suggesting the events were the result of wake turbulence from the A321 that departed ahead: Dear All, I'm the chief-pilot of Bek Air Company. It is a big tragedy to the aviation world, especially in Kazakhstan's hi...

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by D L X
Fri Jan 03, 2020 7:07 pm
Forum: Civil Aviation
Topic: Fokker 100 Crashes in Kazakstan
Replies: 99
Views: 27346

Re: Fokker 100 Crashes in Kazakstan

Someone claiming to be the Bek Air chief pilot has commented on the avherald report for this crash. From AVHerald : http://avherald.com/h?article=4d127dc6&opt=0 https://avherald.com/h?comment=4d127dc6&opt=0 MODS, I don't know if it's within the rules or not to post the comment here.

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by D L X
Thu Jan 02, 2020 8:15 pm
Forum: Civil Aviation
Topic: Fokker 100 Crashes in Kazakstan
Replies: 99
Views: 27346

Re: Fokker 100 Crashes in Kazakstan

Surveillance video has now become available. Clearly visible is that three unsuccessful attemps were made to rotate. Each time the nose is raised the aircraft barely lifts off, rolls left and right and then drops back to the runway . The last attempt, it slams next to the runway and skids until hit...

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by D L X
Tue Dec 31, 2019 11:49 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

I’m not saying it’s a slam dunk. “Uphill battle” is not synonymous with definite win, but true, I like AA’s odds. I’ve tried to be firm in that the case is not “silly,” as described earlier on this thread. Thanks for the out, but it’s not necessary. You should read the case law on identical matches.

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by D L X
Tue Dec 31, 2019 11:43 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Wjcandee, I’m a litigator.

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by D L X
Tue Dec 31, 2019 10:45 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

What is the "stuff" covered by AA's registration? Is it all airline tickets or just some premium product? DL's use is different than AA's in that it refers to an aircraft, not a class of service, but I'm not clear on the legal significance of that. Lots. The marks have really broad descri...

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by D L X
Tue Dec 31, 2019 10:36 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

What is the "stuff" covered by AA's registration? Is it all airline tickets or just some premium product? DL's use is different than AA's in that it refers to an aircraft, not a class of service, but I'm not clear on the legal significance of that. Lots. The marks have really broad descri...

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by D L X
Tue Dec 31, 2019 8:38 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Have any posters that claim to be IP attorney contributions to this thread cited any relevant federal code ? Yes. Search this thread for "Lanham" or "15 U.S.C." and you'll see that both washingtonflyer and I have cited federal statutes, and in particular, in response to you. (&q...

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by D L X
Mon Dec 30, 2019 3:45 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Zeke, are you reading my posts? I do, but I don’t take what you post at face value. Multiple times you have contradicted yourself, multiple times you have stated your opinion without looking at the source. My source is over a decade of practicing IP law, including registration of trademarks. Your s...

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by D L X
Sun Dec 29, 2019 9:14 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

It is of course the USA. To be able to trade mark a word like flagship is of course a crazy idea by itself. But than to go to the courts to defend that nonsense. What other common concepts are trade markable. President, capital city, state, government, court of law, dollar, where do you draw the li...

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by D L X
Sun Dec 29, 2019 8:26 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

The more interesting case if American Airlines can protect its Flagship branding from being used by Space X/Blue Origin/Virgin Galactic! Is space travel same as air travel? Fascinating, indeed. Air-travel vs space-travel in the eyes of trademark law! Joking...Delta better trademark FlagRocket now! ...

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by D L X
Sun Dec 29, 2019 7:33 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Go online to the delta website you will find they sell no product or service called flagship. Zeke, are you reading my posts? As I said earlier, it’s irrelevant that the product’s official name is not “flagship.” What matters is that they are using the word in connection with classes of goods and s...

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by D L X
Sun Dec 29, 2019 3:56 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Hey, Zeke -- I think you're doing a great job of illustrating the other side of the case, and nitpicking AA's "evidence", which is exactly what the DL lawyers will be doing. No, he’s really not. He’s just throwing spaghetti at the wall hoping something sticks. Whoever made that screenshot...

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by D L X
Sun Dec 29, 2019 1:32 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

[But when they but "FLAGSHIP" in their booking engine, that's when I noted that DL has crossed way over the line -- they used the exact trademarked word by itself to differentiate its competing products: If you go to the DL website and try and book a DTW AMS one way sector Jan 22 2020 you...

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by D L X
Fri Dec 27, 2019 6:52 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

My question was clear, in the US code I posted it is incumbent on the party marking the application to identify and exclude the current use of the trademark. Flagship is a normal English term that predates the United States, my simple observation is did AA exclude that term that was in use in aviat...

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by D L X
Fri Dec 27, 2019 5:37 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

More fuel for the fire: AA has been using "Flagship" with the (R) symbol for a while now for its business class, as shown in this 2017 web page on the Wayback Machine: https://web.archive.org/web/20170915110838/https://www.aa.com/i18n/travel-info/experience/seats/flagship-business-internat...

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by D L X
Tue Dec 24, 2019 6:06 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

DLX: Respectfully, you've locked into a position without knowing all the facts here, trying to predict the outcome. * * * Instead, see if you can't argue the other side just as persuasively. I think you probably could. I would start with Flagship being a weak/descriptive mark in many of the context...

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by D L X
Tue Dec 24, 2019 5:28 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Not how do people in the public use the term—the public doesn’t matter: they’re not selling anything. Trademark depends on a merchant selling someone or service and using a term to describe it. So, what are APPLE and WHOLE FOODS using “flagship” to sell? I don’t know if they are, however surely the...

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by D L X
Tue Dec 24, 2019 3:31 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

I don't *think* that's quite right -- I think the best way to describe it is that a generic term is one that the public attributes to this good or service regardless of its source. Like how it didn't matter if the escalator were made by Otis or some other company, people called that stairy raisy TH...

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by D L X
Tue Dec 24, 2019 2:57 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

What use in commerce is Apple or Whole Foods using "Flagship," and for what goods and services is that word being used? The term flagship is being used to describe their biggest and newest stores in the best locations. Consumers are bombarded with the term flagship from everywhere. but yo...

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by D L X
Mon Dec 23, 2019 9:03 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Sort of true. If the mark is or becomes generic, AA loses it. I expect that’s the true motivation behind this lawsuit, although AA’s service is so poor lately that “flagship” is hardly descriptive. "Flagship" does not have to be descriptive of AA's product to maintain its trademark. Is Pr...

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by D L X
Mon Dec 23, 2019 8:36 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

It’s not clear to me that the public sees “Flagship” as having an AA-associated secondary meaning. And if it’s not AA-specific, it’s not protectable (AA can’t trademark “first class” or “business class”). The public, in 2019, doesn't have to see a secondary meaning. AA already has the trademark. So...

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by D L X
Mon Dec 23, 2019 8:26 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

To be fair, though, it also explains why granting protection on "flagship" - a dictionary adjective that could describe accurately some product offered by just about every airline - is at least arguably problematic. That's extremely typical though. Progressive Allstate Eastern Budget Thri...

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by D L X
Mon Dec 23, 2019 7:22 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Yes - the marketing blast said that 764/77E/77L would undergo upgrades that would -- i.e. in the future -- "bring them up to flagship standards." AFAIK DL has never described the current/old hard product on those airplanes as "flagship." If you mess around with the booking engin...

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by D L X
Mon Dec 23, 2019 6:29 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

But DL does not market any Boeing flights as "Flagship." It's just the 359. And that hard product - Vantage seats in a suite - can fairly be described as "flagship." (I'm not arguing the merits of the trademark law claim, just clearing up Delta's current use of the term.) I have...

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by D L X
Mon Dec 23, 2019 5:41 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Following that logic, a passenger knowingly or unknowingly at time of purchase can later sue Delta based on American's contract of carriage, simply by the use of Flagship? Huh? If someone thought they were on an American Airlines flight since they bought a Flagship product on Delta.com, and in doin...

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by D L X
Mon Dec 23, 2019 5:11 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

TYWoolman wrote:
Following that logic, a passenger knowingly or unknowingly at time of purchase can later sue Delta based on American's contract of carriage, simply by the use of Flagship?

Huh?

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by D L X
Mon Dec 23, 2019 4:40 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Honestly, this case can be a landmark case. Can a company in such a heavy service-oriented industry be allowed to trademark a word that means "the best." I think this case is pretty standard. Practically half the trademarks out there are words that mean "the best." Pinnacle (Air...

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by D L X
Mon Dec 23, 2019 3:44 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

That is not true, the classes for example registration 5854303 are very broad. The first one for example, the flagship apple store sells office machines and equipment, another example would be the flagship Whole Foods store which “food and drink catering; café services; restaurant services”. Then y...

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by D L X
Mon Dec 23, 2019 3:26 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

All this underlines how silly the concept of owning a word in a certain context is. What is next could someone trademarks a negative word and then prevent others using that word to describe them without permission? Not that this is going away anytime soon. To go back to the Apple example they had e...

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by D L X
Mon Dec 23, 2019 3:00 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Zeke, do you realize you’re trying to explain trademark law to an IP lawyer? No idea who you are, but your posts are contradictory enough to be written by a lawyer. One minute scope is limited then a minute later context doesn’t matter. Come on, zeke. We've both been here for over 15 years, and we'...

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by D L X
Mon Dec 23, 2019 6:01 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

. I cut and pasted the scope of the registration that covers what delta is doing. Are you just going to ignore it? You took it out of context by leaving out the first sentence, “ Passenger baggage checking and handling” Yes because the context is legally meaningless. A trademark registration includ...

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by D L X
Mon Dec 23, 2019 2:54 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Delta doesn’t have a registered trademark on “One.” What is that R in a circle in that screen shot doing there then ? It’s there because DELTA ONE is a registered trademark of Delta Air Lines. Registration 4769776. “One” by itself is not trademarked. AA does have a federally registered trademark on...

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by D L X
Mon Dec 23, 2019 12:20 am
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Now now, I suspect you well know that can be a defense even if it's not a successful one. Unless we assume Delta is going to put its tail between its legs and back away, these are the sorts of defensive positions they will need to take. Sorry, I wasn’t clear. Surely delta is going to launch a defen...

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by D L X
Sun Dec 22, 2019 11:56 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

TYWoolman wrote:
D L X wrote:
zeke wrote:
[quote="D L


Not in the United States.


Could Delta's flagship reference on INTERNATIONAL service exonerate it?

No. They are using the term in the United States to sell things. It’s the fact that they are using the word in the United States that garners jurisdiction.

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by D L X
Sun Dec 22, 2019 11:46 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

LDRA wrote:
Lawyers get excited over this...
facts. :)

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by D L X
Sun Dec 22, 2019 11:41 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Oh boy... This is REALLY problematic. https://liveandletsfly.boardingarea.com/wp-content/uploads/2019/12/Delta-A350-Flagship.png It actually says “flagship” on its booking engine. Yes folks, that is deliberate. I still don’t see the problem there. That would be equivalent as going on the AA site an...

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by D L X
Sun Dec 22, 2019 10:45 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

I'm not passing judgment on whether that defense holds water either way (and I most certainly am not an attorney), but seems a likely approach. It is not a defense. Delta isn’t using the word to describe their plane. They are systematically using the word to sell air travel services connected to a ...

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by D L X
Sun Dec 22, 2019 10:32 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

vhtje wrote:

The level of partisan posting in this topic top is utterly breathtaking.

It truly is. Who needs expertise when you have google and gut feelings!

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by D L X
Sun Dec 22, 2019 10:30 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Google "flagship" and any major airline and see what results you get. :wink2: https://thepointsguy.co.uk/news/qantas-eyes-flagship-cabin-update-for-proposed-project-sunrise-routes/ https://www.emirates.com/media-centre/emirates-to-fly-flagship-a380-to-doha https://upgradedpoints.com/unite...

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by D L X
Sun Dec 22, 2019 10:25 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Google "flagship" and any major airline and see what results you get. :wink2: https://thepointsguy.co.uk/news/qantas-eyes-flagship-cabin-update-for-proposed-project-sunrise-routes/ Qantas eyes ‘flagship’ cabin update for proposed Project Sunrise routes https://www.emirates.com/media-centr...

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by D L X
Sun Dec 22, 2019 9:23 pm
Forum: Civil Aviation
Topic: AA sues DL over the use of the term “Flagship”
Replies: 322
Views: 34353

Re: AA sues DL over the use of the term “Flagship”

Oh boy... This is REALLY problematic. https://liveandletsfly.boardingarea.com/wp-content/uploads/2019/12/Delta-A350-Flagship.png It actually says “flagship” on its booking engine. Yes folks, that is deliberate. You may be right. However, you can't blame any airline wanting to use the term. FLAGSHIP...

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