BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

REPLY TO ANSWER OF SOUTHERN AIR INC. IN OPPOSITION TO 

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

Communication with respect to this submission may be served upon:

Kevin M. McMaster

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

T: (316) 263-5851

F: (316) 263-4677

kmcmaster@mcdonaldtinker.com

Counsel for Southern Air Charter Co., Ltd

DATED: February 27, 2015
2

BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

REPLY TO ANSWER OF SOUTHERN AIR INC. IN OPPOSITION TO 

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

Southern Air Charter Co., Ltd presents the following in reply to the Answer filed 

by Southern Air Inc. in opposition to the application filed February 5, 2015. In reply to 

the Answer and in support of the application, Southern Air Charter Co., Ltd presents the 

following:

FACTS

1. Southern Air Charter Co., Ltd provides both charter and scheduled air 

transportation of persons, property and mail serving the Bahama Islands and the 

Caribbean.

2. Southern Air Charter Co., Ltd was founded April 15, 1998 and its 

operations have used small aircraft since its inception.

3. Southern Air Inc. came into existence following the bankruptcy of 

Southern Air Transportation and began its operation in February, 1999. This was 10 

months following the founding of Southern Air Charter Co., Ltd.
3

4. Southern Air Inc. has become a global charter operation. Southern Air 

Inc. operates only large aircraft and transports only cargo. Southern Air Inc. filed 

Chapter 11 bankruptcy in 2012. The restructured company and emerged from 

bankruptcy protection in April, 2013.

5. Since April 2013, Southern Air Inc. has continued to limit its operation to 

the use of large aircraft to transport cargo.

6. Southern Air Inc. (www.southernair.com) serves a substantially distinct 

and separate market, holds itself out as distinct and separate from Southern Air Charter 

Co., Ltd and could not economically serve or compete with the market of Southern Air 

Charter Co., Ltd.

7. Southern Air Charter Co., Ltd (www.southernaircharter.com) serves a 

substantially distinct and separate market, holds itself out as distinct and separate from 

Southern Air Inc. and could not economically serve or compete with the market of 

Southern Air Inc. 

8. When Southern Air Charter Co., Ltd first applied for its exemption in 

2010 Southern Air Inc. received notice and expressly stated that it had no objection. 

When Southern Air Charter Co., Ltd applied for a renewal of its exemption in 2011 

Southern Air Inc. received notice and expressly stated that it had no objection. When 

Southern Air Charter Co., Ltd applied for a renewal of its exemption in 2012 Southern 

Air Inc. received notice and expressly stated that it had no objection. When Southern Air 

Charter Co., Ltd applied for a renewal of its exemption in 2013 Southern Air Inc. 

received notice and expressly stated that it had no objection.
4

9. Southern Air Charter Co., Ltd has been granted ICAO call letters based on 

its current name and such an allocation was not challenged at the ICAO allocation.

10. We are aware of no owner, agent, representative, or employee being made 

aware of any confusion between the two carriers. We have not been made aware of any 

significant potential for, or actual, public confusion between Southern Air Charter Co., 

Ltd and Southern Air Inc.

11. Attachment A to the Answer of Southern Air Inc. is information that is 

contained on a website distinctly identified as www.southernaircharter.com. 

12. When counsel for Southern Air Inc. first expressed concern over the 

possibility that the omission of the word “Charter” from the logo could create confusion, 

Southern Air Charter, Co. Ltd offered to include the word “Charter” as prominently as 

“Southern Air” if there would be no objection.

13. Counsel for Southern Air Inc. having previously announced that one of the 

reasons for the new concern at this time was the belief that Southern Air Inc. was 

considering expanding its service to include transportation of persons.

14. Southern Air Inc would only agree to not object, this one time, if Southern 

Air Charter Co., Ltd would agree to waive all right to ever object to any filing on behalf 

of Southern Air Inc. based upon similarity of name.

15. With a minimal search the following businesses use the name Southern 

Air in the promotion and operation of business. (See Attachment 1.)

- Southern Air Systems, Tampa, Florida

- Southern Air Repair, Greenville, South Carolina

- Southern Air Concepts, Inc., Norcross, Georgia

- Southern Air Specialties, Inc., Jacksonville, Florida

- Southern Air Services Inc., Tscaloosa, Alabama

- Southern Air, Beaufort, North Carolina
5

- Southern Air Aviation, Carlsbad, California

- Southern Air Freight, Inc., Chattanooga Tennesse

ANALYSIS

Part 215 sets out that its purpose is not to use the Code of Federal Regulations to 

resolve private disputes about the use of similar names with air carriers involved. Such 

disputes should be resolved through the carriers or through recourse allowed by the trade 

name statutes and courts. It goes on to suggest that the department’s intervention or 

enforcement action should only be used in the event of a significant potential for or actual 

public confusion. (See 14 C.F.R. § 215.2.) In this case there exists no evidence of either 

a significant potential or actual confusion.

The absence is clear from the Answer of Southern Air Inc. Their statement 

regarding support of any significant potential or actual confusion comes from a nondescript reference that does not identify who, what, when, why, where and how. Instead 

it refers to a non-specific number of unidentified shareholder(s). We submit that, first, it 

does not reach the level of significant potential or actual public confusion. Second the 

statement is not supported by any affidavit establishing facts as required by § 302.307.

Further, this applicant would submit that, based up the facts set forth herein, the 

purpose of the objection is to attempt to force a resolution of only a potential for a private 

dispute without adequate time to resolve the dispute between the carriers, using trade 

name statutes or the courts. This is particularly evidenced facts contrary to Southern Air 

Inc. such as: 1) by the absence of first use; 2) common word; 3) common usage; 4)

non-exclusivity; and 5) previous failures to object or protect name. 
6

It is respectfully requested that it be determined that the Answer of Southern Air 

Inc. in Opposition To Application of Southern Air Charter Co., Ltd fails to present 

evidence of significant potential for, or actual, public confusion and thereby should not

adversely impact this applicant’s request for exemption. The two carriers should be 

encouraged to work towards an amicable resolution to the issue.

Respectfully submitted,

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

By: ____________________________

 

Counsel for Southern Air Charter Co., Ltd

CERTIFICATE OF SERVICE

I hereby certify that on this 27

th day of February, 2015 a true and accurate copy of 

the above and forgoing was served upon those required by 14 CFR §302.203(b)(2)(ii) by 

electronic transmission to:

Aaron A. Goerlich, Esq. agoerlich@ggh-airlaw.com

Jason E. Madduz, Esq. jmaddux@ggh-airlaw.com

 Counsel for Southern Air Inc.

____________________________
Attachment 1

9 pages

2/27/2015 Southern Air Systems> Welcome 

4751 Jim Walter Boulevard I Hangars One & Four J Tampa FL 33607 J 813-877~7888 

© 2009~2015 Southern Air Systems, Inc. 

St. Pete Website Design by Webtivity Designs 

http:flwww.southernairsystems.com/ 

TERMS OF USE PRIVACY POLICY 

SAS MAIL SAM MAIL 

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2/27/2015 Aerospace Engineering [Aviation Machining 1 FAA Repair Station 

i5 Welcome to Southern Air Repair 

At Southern Air Repair, we bring our Innovative 

Engineering and_ Aviation Machining and Welding 

experience to component piece part repairs. Our team 

maintains a 951-Vo success rate that will reclaim expensive 

non-servlcable/scrap accessory component piece part's 

from non-serviceable to airworthy condition, This 

process saves you and your customer money, reducing 

BER's , turnaround time and Increasing your companies profit's. Please give us the opportunity to 

explain how Southern Air Repair, Corp. can partner together in order to maintain a win-win business 

relationship. 

Southern Air Repair Offers full CNC lathe and mill support. Recent jobs to include Gulftream Wifi 

antenna mount, ATR-72 flap cam guide ID6 rotor balance weight holder and Axial fan housing liner. 

Latest News 

D "Dynamic Balancing" capabilltles have recently been Implemented in December 2014. 

Balancing of shafts, rotors, turbine wheels and fans. 

About Certificates Sub Assemblies Parts Redalmatlon capabllltles 

http://www .southernairre pair .com/ 

Reclaiming Parts 

. thru Innovative 

EngJn~eri1lg 

About Us 

FAA Repair Station SOORSS~N 

EASA 145.5296 

Federal C'.AGE Code 1J5G2 

ISO 9001:2008 

Olck Here to View Certificates & Approvals 

3396 Anderson Rood 

Greenville, South carolina 29611 USA 

Main : (864) 295-8849 

Fax ; (864) 295-8859 

Scott.Patterson@southernalrrepair.com 

Look for us on: 

W\NVI!.ILSMart.com 

Employment Commitment Contact Us 

\?)2008-2015 Southern Air Repair. All Rights Reserved. 

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Southern Air Concepts, Inc. (Formerly Willing and Associates, Inc.) was founded by Keith Willing in 

1998 and is headquartered in Atlanta GA. Southern Air Concepts is a manufacturers' representative 

agency serving the HVAC industry. We represent premier manufacturers in the HVAC Industry, 

offering a wide variety of products. At Southern Air Concepts, we assist our customers with technical 

questions regarding application and installation of their HVAC equipment and provide professional 

sales and application expertise, engineering assistance, factory authorized start-up and educational 

development. We believe it is our duty to responsibly present products to the HVAC industry in a 

manner that solves the environmental conditioning needs of our customers while striving to equitably 

achieve the strategic goals of the manufacturers that we represent. 

REZNOR" 

• . . 

. 

ce®., 

MOOUL.'W:ALR J'l«:<t:i.'ii-~ 

$Y$l~$ IM~t'S, 

4Gl., roT..,.... 

P.O. Box 922693; Norcross, GA 30010-2693 

Phone: 770.582.0067; Fax: 770.582.1143 Copyright© 2006 Southern Air Concepts. Inc. All rights ReseiVed. 

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2/27/2015 SOUTHERN AIR SPECIALTIES,INC- Home 

Southern Air Specialties, Inc. 

Process. Plant Ventilation and Heating Equipment .Dust/Odor Control .Air Filtration 

THE SINGLE SOURCE SOLUTION FOR ALL YOUR AIR MOVEMENT NEEDS 

COMMERCIAL* INDUSTRIAL* INSTITUTIONAL* MARINE 

P.O. Box 7122 *Jacksonville, Florida 32238-0122 

SOUTHERN AIR SPECIALTIES,INC 

4503 Irvington Ave 

Suite 3 

Jacksonville, FL 32210 

ph: 904-388-6611 

fax: 904-388-7979 

a1t: 904-707-7 698 

southernairspecialties@gmail.com 

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Southern Air Specialties offers a wide range of products to the Commercial,Institutional, Industrial and 

Marine markets. We are your single source solution for Air distribution, Terminal Unit products, Fans, 

Louvers, Dampers, Kitchen hoods, Electric Gas-Infrared Heating, Energy Recovery Units, Carbon 

Monoxide Systems, Spiral Duct, and Fabric Duct Systems. We also feature Dust Collectors, 

Electrostatic Precipitators, Blast rooms and Cabinets, Process equipment and Odor control. Lastly, we 

do Air Purification for hazardous environments. 

We are manufacturers representatives for heating, ventilation and air conditioning products. With 38 

different product and service lines, we can provide you with the equipment you need. We work with 

Industrial and Commercial contractors or directly with building owners and shipyard/boat 

manufacturers. 

Our Industrial division specializes in paper mills and manufacturing plants, providing dust collection, 

air control, air purification, heating systems, ventilation and fume exhaust. 

Our Marine department works with large vessels, such as casino boats, cruise ships, frigates and Naval 

boats. 

We respond to all inquiries in less than 4 hours, deliver all parts in a timely manner and offer 

competitive prices. We pride ourselves on personal service and aggressive attention to your needs. 

http://www.southernairspecialties.com/ 1/5 
212712015 Southern Air Services Inc. 

Southern Air Services Inc. 

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Southern Air Services, Inc. is a diversified aviation services company 

specializing in executive travel, sales, fractional ownership, 

management, consultation, acquisition, liquidation and appraisal. 

We are based in Tuscaloosa, AL and provide services to the 48 states, 

Mexico, Canada, and the Caribbean. All of our aircraft are maintained 

in accordance with FAA standards and service ratings. Please feel 

free to call on us for all of your business travel needs. 

Please feel free to contact us at: 

(205) 391-3130 

or 

Alan@southernairservices.com 

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http://flysouthernair.com/ 

Southern Air- Beaufort NC Airport- Michael J Smith Memorial Airport 

1 

1SO .t;-irport Rd., Beaufort, NC 

J E 1/11\ttl {: rsegra.ve@f(9SOtAtMI"Mir .cotM 

· PZ....orte: (.25.2) 7.28 -.23.23 

Wea.tV.er :. FAX: (25.2.) 728-6706 

\ Update) Haul'S: &aW\ to du.sk ever!:J da!:J 

Located on the southern tip of the Outer Banks in Beaufort, the third 

oldest town in North Carolina, is the Michael J. Smith Airport. 

Come experience hospitality at its finest while flying over the 

beautiful CrystaJ Coast. 

The Beaufort Airport is named in honor and memory of Michael J. 

Smith, Commander of the ill-fated Space Shuttle Challenger, and a 

native ofBeaufort, NC. 

At Michael J. Smith Field, Southern Air at MRH offers full general 

aviation services and fueling with experienced customer service 

representatives, qualified FAA licensed mechanics, and the highest 

quality FAA certified pilots in the industry. 

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2/27/2015 Southern Air Aviation 1 Fly-By-Voice Into NextGen Century 

SOUTHERNAIRAVIATION 

FLY-BY-VOICE"' INTO NEXTGEN CENTURY • 

"Aeronautics is neither an industry nor a science. It is a miracle."- Igor Sikorsky 

SouthernAirAviation pioneers and manufactures 

NextGen aviation safety systems and technologies 

based on VOICE COMMAND and VOICE 

RECOGNITION. Cockpit management by voice of 

flight control, aircraft systems, avionics, navigation 

and more, are integrated for business and large 

commercial aircraft. Our NextGen FLY-BY-VOICE'" 

technologies deliver an increased level of safety 

and efficiency in flight management, and flight 

emergencies, through enhanced situational 

awareness and real time integration of flight 

data and pilot performance. 

http://southernairaviation.com/ 1/2 
2/27/2015 Southem Air Aviation I Fly-By-Voice Into NextGen Century 

Copyright 2013-2014 SouthernAirAvation Inc. All Rights Reserved. 

info@southernairaviation.com 

2100 Palomar Airport Rd #214-27 

Carlsbad, CA 92011 US 

http://southemairaviation.com/ 212 
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HOME 

http://www.southemairfreight.com/ 

www .southernairfreight.com 

ABOUT US TRACKING SERVICES CONTACT US 

We know that moving your freight is an important part of service to 

your customers. Southern Air Freight specializes in after hours pick-ups 

that allows you more time to complete your orders. We offer 

guaranteed next day air to most cities and even same day service. 

Whether your freight is small or large - call us for all your shipping 

needs. With over 30 years of experience in moving freight, you can 

relax knowing we'll get it there, guaranteed. 

Southern Air Freight, Inc 

Chattanooga, Tennessee 37421 

423-892-7228 

1-800-870-7502 

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