Usually it’s a big company going after the little guy but in this TM dispute it’s JetBlue going against JetBlack.
FashionLaw wrote on the dispute between JetBlue and the new ecommerce venture from Walmart.
Jetblue versus Jetblack: those are the two terms at the center of a new lawsuit between JetBlue Airways Corp. and Walmart. The Long Island City, New York-headquartered airline claims that Walmart and its e-commerce company Jet.com are running afoul of the law by “improperly” adopting the “confusingly similar and dilutive” Jetblack trademark for use in connection with the members-only personal shopping and concierge service it launched with Rent the Runway co-founder Jenny Fleiss in 2017.
According to the 53-page trademark infringement suit that JetBlue filed on Friday in a New York federal court, for the past two years, Walmart and Jet.com have been busy filing trademark applications for the word “Jetblack” for use on a wide variety of goods and services – ranging from “retail sales” to “booking activities” – as part of the new shopping venture that combines “the convenience of e-commerce with the customized attention of a personal assistant.”
Read the full story here
How is Jet Blue and Jet Black confusing? I don’t get it.
With trademark law you have to think 360 degrees as to whether it is confusing. Imagine, some people might just remember “Jet” and “A” Colour and then it would/could be confusing. And many other arguments are possible. It is NOT whether the trademarks are exactly the same, it is whether they could or would confuse some members of public etc etc.
I add to that. Having looked at the filings etc ,I note for example that one of the JetBlack filings includes
Class 039 Shipping services, namely, freight transportation by means of truck, train and air; home and retail delivery service, namely, delivery of goods; delivery of goods NOW compare that to the JetBlueTM) registered marks ! I would give JetBlue(TM) my money.