### 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., L td

DATED: February 27, 2015

### 2 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: ) ) SOUTHER N 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., L td 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., L td presents the following: FACTS
1. South ern Air Charter Co., L td provides both charter and scheduled air transportation of persons, property and mail serving the Bahama Islands and the Caribbean.
2. Southern Air Charter Co., L td 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. ha s become a global charter operation . Southern Air
Inc. operat es only large aircraft and transport s only cargo. Southern Air Inc. filed Chapter 11 bankruptcy in 2012 . The restructured company and emerged from bankruptcy protection in April, 2013. 5. Since A pril 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 S outhern 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 exe mption 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 objecti on. 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 South ern 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 owne r, 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. Attach ment 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 express ed concern over the possibility that the omission of the word “Cha rter” from the logo could create confusion, Southern Air Charter, Co. Ltd offered to include the word “Charter” as prominently as “Souther n Air” if there would be no objection.
13. Counsel for Southern Air Inc. having previously announced that one of the

reaso ns for the new concern at this time w as 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 agr ee 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

- Souther n Air, Bea u fort, 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 act ion 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 non

descript reference that does not identify who, what, when, why, where and how . Instead it refers to a non - specific number of unidenti fied 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 wou ld 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 re quested 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 thi s applicant’s request for exemption. The two carriers should be
encourage d to work towards an amicable resolution to the issue.

Respectfully submitted, McDONALD, TINKER, SKAER, QUINN & HERRINGTON, P.A.
By :

___ _______________ __________ Couns el for Southern Air Charter Co., L td

CERTIFICATE OF SERVICE I hereby certify that on this 2 7 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

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1/12/27/2015 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

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,_..Home Page «-Frequently Asked Questions «;Manufacturer's Links «; Portfolio ,_.,Training Programs 

### 1"" Associates & Locations

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.



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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.

http:J /www .southernai rconcepts.com/ 1/12/27/2015 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

• Home • Products • About!Js • Contact Us 

## Home
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/ 1/5212712015 Southern Air Services Inc.


# Southern Air Services Inc.

Home Aircraft Links

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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### • • Location • • Photo Gallery 

### • • Contact

http://flysouthernair.com/ Southern Air- Beaufort NC Airport- Michael J Smith Memorial Airport

1 

### 1SO .t;-irport 

## Rd., Beaufort, NC

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# · 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.

1/22/27/2015 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.

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Copyright 2013-2014 SouthernAirAvation Inc. All Rights Reserved. info@southernairaviation.com 2100 Palomar Airport Rd #214-27 Carlsbad, CA 92011 US

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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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