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JAMBOJET
Posts: 293
Joined: Tue Dec 11, 2018 6:23 pm

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

Wed Jun 24, 2020 11:16 am

Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.
 
Delta717
Posts: 459
Joined: Sat Mar 18, 2000 8:56 am

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

Wed Jun 24, 2020 2:29 pm

JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.


Quick dummy booking shows A359 routes advertised as “Flagship A350,” so while it seems like DL added further clarification, the word “Flagship” is still present.
 
Prost
Posts: 2578
Joined: Wed Oct 03, 2012 6:23 pm

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

Wed Jun 24, 2020 3:03 pm

JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.


The industry found something else to grab their attention.
 
Boston757
Posts: 103
Joined: Mon Aug 31, 2015 5:39 pm

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

Wed Jun 24, 2020 3:17 pm

I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.
 
VS11
Posts: 1661
Joined: Mon Jul 02, 2001 6:34 am

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

Wed Jun 24, 2020 3:28 pm

Boston757 wrote:
I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.


Because DL likes to copy others a lot...not the first time...Song anyone?
 
alfa164
Posts: 3660
Joined: Sat Oct 06, 2012 2:47 am

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

Wed Jun 24, 2020 4:42 pm

VS11 wrote:
Boston757 wrote:
I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.

Because DL likes to copy others a lot...not the first time...Song anyone?


Yeah... I guess somewhere there must be some "Melody Airlines" complaining about that...
I'm going to have a smokin' hot body again!
I have decided to be cremated....
 
MIflyer12
Posts: 8236
Joined: Mon Feb 18, 2013 11:58 pm

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

Wed Jun 24, 2020 6:57 pm

JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.

If Delta is still using it, it means AA failed in an attempt to get an injunction, and has not prevailed in court. Maybe it hasn't yet proceeded to trial; maybe AA withdrew its complaint.
 
TYWoolman
Posts: 617
Joined: Sat Jun 24, 2017 8:24 pm

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

Wed Jun 24, 2020 7:03 pm

JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.



Most likely Delta using "Flagship" modifying aircraft type "A350" and not an implied "international service" greatly weakens American's case.
 
StTim
Posts: 3730
Joined: Thu Aug 08, 2013 7:39 am

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

Wed Jun 24, 2020 7:06 pm

MIflyer12 wrote:
JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.

If Delta is still using it, it means AA failed in an attempt to get an injunction, and has not prevailed in court. Maybe it hasn't yet proceeded to trial; maybe AA withdrew its complaint.


I know American law is different but I am sure under English law you cannot trademark etc a word in common usage.
 
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scbriml
Posts: 19172
Joined: Wed Jul 02, 2003 10:37 pm

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

Wed Jun 24, 2020 7:35 pm

VS11 wrote:
Boston757 wrote:
I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.


Because DL likes to copy others a lot...not the first time...Song anyone?


What, by using a word for its intended meaning?
Time flies like an arrow. Fruit flies like a banana!
There are 10 types of people in the World - those that understand binary and those that don't.
 
VS11
Posts: 1661
Joined: Mon Jul 02, 2001 6:34 am

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

Wed Jun 24, 2020 7:44 pm

scbriml wrote:
VS11 wrote:
Boston757 wrote:
I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.


Because DL likes to copy others a lot...not the first time...Song anyone?


What, by using a word for its intended meaning?


No. The entire concept for Song was just copying jetBlue at the time.
 
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scbriml
Posts: 19172
Joined: Wed Jul 02, 2003 10:37 pm

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

Wed Jun 24, 2020 7:57 pm

VS11 wrote:
scbriml wrote:
VS11 wrote:

Because DL likes to copy others a lot...not the first time...Song anyone?


What, by using a word for its intended meaning?


No. The entire concept for Song was just copying jetBlue at the time.


I’m not talking about song. You said DL likes to copy others and the thread is about DL’s use of the term ‘flagship’.
Time flies like an arrow. Fruit flies like a banana!
There are 10 types of people in the World - those that understand binary and those that don't.
 
BoardMember
Posts: 2
Joined: Mon Dec 24, 2018 8:29 pm

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

Wed Jun 24, 2020 7:59 pm

Boston757 wrote:
I wonder why in the world Delta would want anything in name ect to do with Americans. They have such distain got AAL and it’s employees.

Because the average passenger could care less.
 
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sjones1975
Posts: 29
Joined: Fri Mar 02, 2012 12:23 am

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

Wed Jun 24, 2020 8:18 pm

JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.


Litigation takes a long time to resolve, unless the parties settle the case out of court. I just checked the docket for the case; it's still ongoing. In a scheduling order from April 2020, the judge set the date for parties to file dispositive motions (where they ask the judge to rule in their favor without a trial) as November 16, 2020. The judge set a mediation date of September 3, 2020 (can the parties come to an agreement themselves over the use of “Flagship”??), and a trial date (should a trial be needed) of February 8, 2021.

The latest filing in the case was on June 12, 2020, with AA’s high-power New York lawyers (from the firm of Latham & Watkins) applying for permission to participate in the litigation that is occurring in the Northern District of Texas federal court.
my longest flight in a 757: FRU-ADA-SNN-BWI
 
Ziyulu
Posts: 923
Joined: Thu Oct 13, 2016 10:35 am

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

Wed Jun 24, 2020 8:38 pm

AA should have trademarked the term FlAAgship. Just like AAdvantage, TrAAins, etc.
 
VS11
Posts: 1661
Joined: Mon Jul 02, 2001 6:34 am

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

Wed Jun 24, 2020 10:10 pm

scbriml wrote:
VS11 wrote:
scbriml wrote:

What, by using a word for its intended meaning?


No. The entire concept for Song was just copying jetBlue at the time.


I’m not talking about song. You said DL likes to copy others and the thread is about DL’s use of the term ‘flagship’.


DL copies other airlines' products, strategies and trademarks in this case.
 
JAMBOJET
Posts: 293
Joined: Tue Dec 11, 2018 6:23 pm

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

Wed Jun 24, 2020 10:49 pm

sjones1975 wrote:
JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.


Litigation takes a long time to resolve, unless the parties settle the case out of court. I just checked the docket for the case; it's still ongoing. In a scheduling order from April 2020, the judge set the date for parties to file dispositive motions (where they ask the judge to rule in their favor without a trial) as November 16, 2020. The judge set a mediation date of September 3, 2020 (can the parties come to an agreement themselves over the use of “Flagship”??), and a trial date (should a trial be needed) of February 8, 2021.

The latest filing in the case was on June 12, 2020, with AA’s high-power New York lawyers (from the firm of Latham & Watkins) applying for permission to participate in the litigation that is occurring in the Northern District of Texas federal court.

Interesting! Thanks for the update.
 
Flflyer83
Posts: 85
Joined: Tue Apr 14, 2020 4:40 pm

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

Wed Jun 24, 2020 11:47 pm

VS11 wrote:
scbriml wrote:
VS11 wrote:

Because DL likes to copy others a lot...not the first time...Song anyone?


What, by using a word for its intended meaning?


No. The entire concept for Song was just copying jetBlue at the time.


And JetBlue was copying WN. So.... probably not a good example.
 
washingtonflyer
Posts: 1609
Joined: Sun Sep 08, 2013 9:45 pm

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

Sun Jun 28, 2020 1:49 pm

TYWoolman wrote:
JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.



Most likely Delta using "Flagship" modifying aircraft type "A350" and not an implied "international service" greatly weakens American's case.


Nice assumptions, but wrong. Litigation is proceeding, but like all litigation, the process has slowed down owing to COVID. Courts have been giving liberal extensions on things like discovery because its challenging to physically review documents and conduct meetings in person with this beastie running around. Trial is -currently- set for early next February (after being kicked back from November). There have been NO dispositive motions and NO motions to dismiss. Some aren't due until later this fall.

-------------->
AMENDED SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning February 8, 2021. Counsel and the parties shall be ready for trial on two days' notice at any time during this four-week period. Joinder of Parties due by 7/10/2020. Amended Pleadings due by 7/10/2020. Motions due by 11/16/2020. Deadline for mediation is on or before 9/3/2020. Discovery due by 9/17/2020. Pretrial Order due by 1/12/2021. (Ordered by Judge Reed C. O'Connor on 4/24/2020) (pef) (Entered: 04/24/2020)
 
TYWoolman
Posts: 617
Joined: Sat Jun 24, 2017 8:24 pm

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

Sun Jun 28, 2020 2:25 pm

washingtonflyer wrote:
TYWoolman wrote:
JAMBOJET wrote:
Whatever happened with this lawsuit?
I assume Delta settled out of court or backed off but I have no idea.



Most likely Delta using "Flagship" modifying aircraft type "A350" and not an implied "international service" greatly weakens American's case.


Nice assumptions, but wrong. Litigation is proceeding, but like all litigation, the process has slowed down owing to COVID. Courts have been giving liberal extensions on things like discovery because its challenging to physically review documents and conduct meetings in person with this beastie running around. Trial is -currently- set for early next February (after being kicked back from November). There have been NO dispositive motions and NO motions to dismiss. Some aren't due until later this fall.

-------------->
AMENDED SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning February 8, 2021. Counsel and the parties shall be ready for trial on two days' notice at any time during this four-week period. Joinder of Parties due by 7/10/2020. Amended Pleadings due by 7/10/2020. Motions due by 11/16/2020. Deadline for mediation is on or before 9/3/2020. Discovery due by 9/17/2020. Pretrial Order due by 1/12/2021. (Ordered by Judge Reed C. O'Connor on 4/24/2020) (pef) (Entered: 04/24/2020)


Thanks for that detailed response and hopefully you intend to directly reply to OP whose question your response will address. Nonetheless, IMO, American's case on an on-going attempt to ban Delta's use of the word is greaty diminished when Delta changed its use of Flagship to modify an aircraft type, especially when American doesn't fly the A350.
 
113312
Posts: 671
Joined: Sat Apr 16, 2005 9:09 am

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

Sun Jun 28, 2020 8:52 pm

I took the callsign "FLAGSHIP" for Dolphin Airways back in 1981. It later was again applied to Express Airlines I as the ATC callsign. Over all of these years, American Airlines never challenged the use of their old trademark. It would seem a weak argument to complain now. Of course, if they would return to the markings and trademarks from prior to 1963 or so, I am sure many airline enthusiasts would be happy and a Judge might uphold their complaint.
 
cvsirls
Posts: 11
Joined: Mon Dec 11, 2017 9:49 pm

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

Sun Jun 28, 2020 9:30 pm

VS11 wrote:
scbriml wrote:
VS11 wrote:

No. The entire concept for Song was just copying jetBlue at the time.


I’m not talking about song. You said DL likes to copy others and the thread is about DL’s use of the term ‘flagship’.


DL copies other airlines' products, strategies and trademarks in this case.


Litterally has nothing to do with anything this thread is talking about.
To be fair, I think most can say that the other 2 US carrier airlines have been copying after delta a lot recently.
Either way...... WHO CARES!!!!!!!!!! It's called competition! Everybody in the whole industry copies off of each other!
 
VS11
Posts: 1661
Joined: Mon Jul 02, 2001 6:34 am

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

Sun Jun 28, 2020 11:42 pm

cvsirls wrote:
VS11 wrote:
scbriml wrote:

I’m not talking about song. You said DL likes to copy others and the thread is about DL’s use of the term ‘flagship’.


DL copies other airlines' products, strategies and trademarks in this case.


Litterally has nothing to do with anything this thread is talking about.
To be fair, I think most can say that the other 2 US carrier airlines have been copying after delta a lot recently.
Either way...... WHO CARES!!!!!!!!!! It's called competition! Everybody in the whole industry copies off of each other!


That’s why trademarks exist - to prevent others from copying. Incidentally, what this thread is about.
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