BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of PRIMERA AIR SCANDINAVIA A/S for a foreign air carrier permitpursuant to 49 U.S.C. § 41301 and for exemption authority pursuant to 49 U.S.C. § 40109 (U.S. -EU Scheduled and Charter Air Transportation) ) ) ) ) Docket DOT-OST-2014-0125 ) ) ) )



## ____________________________________ ) MOTION FORLEAVE TO FILE AND SURREPLY OF SCANDINAVIAN AIRLINES SYSTEM Communications with respect to this document should be addressed to: Hans Ollongren Head ofPublic and Regulatory Affairs SCANDINAVIAN AIRLINES SYSTEM STODX SE-195 87 Stockholm, Sweden

Date: August 18, 2014 Michael F. Goldman SILVERBERG, GOLDMAN

& BIKOFF, L.L.P. 1101 30th Street, N.W. Suite 120 Washington, D.C. 20007 Tel: (202) 944-3305 E-Mail: mgoldman@sgbdc.com Counsel for SCANDINAVIAN AIRLINES SYSTEM (SAS)BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of PRIMERA AIR SCANDINAVIA A/S for a foreign air carrier permitpursuant to 49 U.S.C. 

### § 41301 and for exemption authority pursuant to 49 U.S.C. 

### § 40109 (U.S. -EU Scheduled and Charter Air Transportation) ) ) ) ) ) ) ) )



## __________________________________) Docket DOT-OST-2014-0125

MOTION FORLEAVE TO FILE AND SURREPLY OF SCANDINAVIAN AIRLINES SYSTEM Scandinavian Airlines System ("SAS" or "Scandinavian Airlines") hereby moves for leave to file this briefsurreply to the reply ofPrimeraAir Scandinavia A/S ("Primera") filed in the above-referenced Docket onAugust 12, 2014. 1 In its reply, Priinera states that it "has no intention ofusing any branding that could be confused with that ofSAS[,]" but nevertheless objects to SAS'srequest for a condition on its U.S. economic authority that Primerabe prohibited from holding out service to and from the U.S. in the name "Air Scandinavia" or "ScandinaviaAir."2 Since Primera says it has no intention ofusing these names, the carrier maintains that there is no need for such arestriction to avoid public confusion and that DOT might as well forbid Primera from holding itselfout as

1 Scandinavian Airlines files this motionpursuant to Rule 6(c) ofthe Department's Rules of Practice in Proceedings (14 C.P.R.§ 302.6(c)). Good cause exists for the Department to accept SAS's surreply because itwill establish a more complete record for DOT's consideration ofthe Primera application. 2 Reply ofPrimera at 3.Motion for Leave to File and Surreply ofSAS August 18, 2014 Page2 "United" or "Alitalia."3 Primera even goes so far as to call SAS'srequest a "strange and totally unwarranted overreaction."4 SAS disagrees with Primera's "strange" characterization ofSAS's request that the Department prohibit Primera from using the name "Air Scandinavia" or "ScandinaviaAir" in connection with its U.S. operations. Obviously, the words "Air" and "Scandinavia" are bothpart ofPrimera's fullname (Primera Air Scandinavia) and therefore it is certainly conceivable that the carrier may attempt to brand itselfas "Air Scandinavia" or "ScandinaviaAir" at some point in the future. Indeed, SAS's requested restriction is nothing like imposing a condition that Primerabe forbidden from using the names "United" or "Alitalia" as it suggested-- two words that are notpart ofthe carrier's full name. Accordingly, for the reasons stated above and in its August 5, 2014 answerto the Primera application, SAS maintains that a condition prohibiting Primera from holding out services to and from the U.S. in the names "Air Scandinavia" or "ScandinaviaAir" is warranted in this case. As Primerarepresents that it has no plans to hold out its U.S. services using the "Air Scandinavia"

or "ScandinaviaAir" brand, imposition ofthe requested condition can cause Primera no actual or potential harm. Alternatively, nowthat Primera is on record as stating that it has no intention of using any brand that could be confused with that ofSAS, SAS's legitimate concerns would be met were DOTto include a definitive statement in Primera's exemption authority and foreign air carrier permit confirming that use ofthe names "Air Scandinavia" or "ScandinaviaAir" by Primera would not be considered a "minorvariation" in its name under section 215.3 ofthe Department's Economic Regulations (14 C.F.R. 

### § 215.3). Further, should Primera desire to hold

3 

### See id. 4 

### Id at 2.Motion for Leave to File and Surreply ofSAS August 18, 2014 Page 3 out its U.S. services under either ofthese names at some point inthe future it would first be required to attempt to register them with the Department as additional trade names under 14 C.F.R. 

### §215.4.

Dated: August 18, 2014 Respectfully submitted,



# /?/~~~ Michael F. Goldman L. Jeffrey Johnson SILVERBERG, GOLDMAN & BIKOFF, LLP 1101 30TH St., N.W., Suite 120 Washington, DC 20007 (202) 944-3305 Counsel for SCANDINAVIAN AIRLINES SYSTEM (SAS)CERTIFICATE OF SERVICE I hereby certify that I have on this day served the foregoing Motion for Leave to File and Surreply ofScandinavian Airlines System by e-mail on the following persons: matwood@cozen.com rsilverberg@sgbdc.com marshall.sinick(G),squiresanders.com Edward.sauer@squiresanders.com howard.kassrmaa.com robert.wirick@aa.com Francis.heil@,aa.com jcam1y@amerijet.com rpommer@atlasair.com sascha.vanderbellen@delta.com nssparks@fedex.com cefelts@fedex.com jhillrmcooley.com psanderlin@kalittaair.com Kevin.montgomeryrmpolaraircargo.com agoerlichrmggh-airlaw.com jyoungrmyklaw.com Thomas.ting@suncountry.com gmurphy@crowell.com dan.weiss(al,united.com steve.mon·isseyrmunited.com anita.mosner@hklaw.com john.s.duncan@,faa.gov

Date: August 18, 2014 

# ~~ E. J·ffrey Johnson