F R A N K F U R T K U R N I T K L E I N & S E L Z Pc 

February 27, 2014 

VIA E-MAIL and FEDEX 

susan.kw-land@dot.gov 

The Hon. Susan L. Kurland 

Assistant Secretary for Aviation & Int'l Affairs 

Office of the Secretary of Transportation 

U.S. Department of Transportation 

1200 New Jersey A venue, SE 

Washington, DC 20590 

United States of America 

488 Madison Avenue 

New York, New York 10022 

Tel: (212) 980-0120 

Fax: (212) 593-9175 

Toby Butterfield, Esq. 

Direct Tel: 212.826.5567 

Email: tbutterfield@fkks.com 

RE: Opposition to Application of Blue Jet Sp. z o.o. for Foreign Air Carrier 

Permit and Exemption Authority 

Docket DOT- OST-2014-0026 

Dear Assistant Secretary Kurland: 

This firm represents JetBlue Airways Corporation ("JetBlue") in intellectual property and 

litigation matters. We are writing to alert you to our client's objections to the application filed 

with your Department by Blue Jet Sp. z o.o. ("Blue Jet") for permission to commence air 

services throughout the United States. Blue Jet's name is so confusingly similar to JetBlue's 

name that if Blue Jet's application is granted under its current name, consumer confusion is 

inevitable and unavoidable. 

We therefore request that the Department deny the application altogether, or suspend the 

application until the applicant changes the name under which it will operate in the United States 

to one which would not confuse the travelling public, or otherwise resolve our client's 

objections. In addition, we request that at the very minimum, the Department will require Blue 

Jet to notify JetBlue in accordance with the procedure in FAR§ 215.5 concerning similarity of 

names. 

JetBlue is the premiere low-cost, high-quality domestic airline in the United States and 

currently serves more than seventy destinations in the United States, Mexico, Caribbean and 

South America. Through JetBlue's longstanding interline and code share relationships with 

partner airlines, JetBlue serves additional destinations worldwide, including cities in South 

Africa, Europe and the Middle East. JetBlue also maintains interline agreements allowing 

passengers to fly with JetBlue partners to cities around the world via code flights. 
F R A N K F U R T K U R N I T K L E I N & S E L Z Pc 

The Hon. Susan L. Kurland 

February 27, 2014 

Page 2 

JetBlue has been using its well-known JETBLUE trademark prominently in connection 

with every aspect of air travel since at least as early as 1999. JetBlue owns more than thirty-one 

federal trademark registrations and pending applications with the United States Patent and 

Trademark Office ("USPTO"), some of which are incontestable, for the trademark JETBLUE 

and JETBLUE in combination with another word or words. These registrations and applications 

include, without limitation, thirteen registrations for transportation of passengers, parcels, freight 

and cargo by air (Reg. Nos. 4338485, 4338484, 4338483, 4289126, 3502438, 3084084, 

3163121,3163120,3052759,2971984,2947348,2451955, and 2449988). In the European 

Union, JetBlue has also secured a Community Trade Mark registration ("CTM") for the 

trademark JETBLUE, registration no. 001440288, and various other national European 

registrations. 

JetBlue's customer base is large and widespread. The airline flies at least 75 million 

passengers annually on its flights. JetBlue has invested heavily in the advertising and promotion 

of its JETBLUE brand and, as a result, the public and trade have come to associate the mark 

JETBLUE with goods and services emanating exclusively from JetBlue. The JETBLUE brand is 

extremely valuable to JetBlue. 

For several years, JetBlue has been attempting to resolve disputes with Blue Jet over its 

confusingly similar name. Despite JetBlue's prominence and size, nearly four years ago, Blue 

Jet started attempting to undermine JetBlue's trademark rights. Blue Jet first sought to register 

its BLUE JET mark in the European Union. When JetBlue opposed that application, Blue Jet 

retaliated by seeking to cancel JetBlue's CTM for its mark JETBLUE. Although JetBlue views 

Blue Jet's use of its claimed mark as an infringement of JetBlue's rights, and resisted 

cancellation of its CTM vigorously, JetBlue was willing to negotiate a worldwide resolution of 

the issue. Despite attempting to do so for nearly three years, however, the parties still have not 

signed any agreement. 

Instead, Blue Jet is now seeking permission to operate in the United States by filing its 

application with your department for a Foreign Air Carrier Permit and Exemption Authority (the 

"Application"). In the Application, Blue Jet seeks your Department's consent to "engage in ... 

foreign charter air transportation of persons and property ... to any point or points in the United 

States; foreign air charter service of persons and property between any point or points in the 

United Stated and any point or points in any member of the European Union; and ... other 

charters; and transp01tation authorized by any additional route rights made available to European 

Community carriers in the future." Application, p.l , paras. (i)- (iv). 

Such use by Blue Jet of its name and mark BLUE JET in the United States would cause 

widespread confusion with JetBlue's mark JETBLUE to consumers. The two marks consist 

exclusively of the same two identical words. We therefore notify you of our objection to the 

Application; request that you require Blue Jet to formally notify our client of its Application for 
F R A N K F U R T K U R N I T K L E I N & S E L Z Pc 

The Hon. Susan L. Kurland 

February 27, 2014 

Page 3 

registration in accordance with FAR§ 215.5. Meanwhile, JetBlue has filed an action in the 

Southern District ofNew York seeking a court declaration that Blue Jet's use of its mark 

infringes on J etBl ue' s trademark rights. A copy of the complaint in that action (the "Action") is 

enclosed. 

JetBlue will require Blue Jet to voluntarily agree to change its name, at least in the US. It 

is the responsibility of a junior user to avoid using a mark that is confusingly similar to a mark 

already being used by an established business. If Blue Jet does not do so, JetBlue will amend its 

claims in the Action to seek all remedies it is entitled to under all applicable United States laws, 

including without limitation under 15 U.S.C. §1114(l)(a), §1116-1118, 1125(a)(l). As the 

JETBLUE trademark is famous, JetBlue is also entitled to protection and remedies under the 

Federal Trademark Dilution Act, 15 U.S.C. § 1125. Finally, JetBlue also plans to file objections 

to the permit and exemption application in timely fashion. 

This is not intended to be a complete statement of the facts and circumstances 

surrounding this dispute, and is without prejudice to and without waiver of JetBlue's rights and 

remedies at law and in equity. We look forward to hearing from you and from Blue Jet or its 

counsel so we can resolve this longstanding dispute. 

Very truly yours, 

cr;~~ Toby Butterfield 

Enclosure 

cc: Mr. Robert Finamore (via email robert.tinamore@dot.gov w/ enc.) 

Gary Garofalo, Esq. (ggaro[alo@ggh-airlaw.com) 

Erin Tallardy, Esq. (etallardv@ggh-airlaw.com) 

Jason Maddux, Esq. (jmaddux@ggh-airlaw.com) 

Counsel for Blue Jet Sp. z o.o. (via email w/ enc.) 

Jonathan B. Hill, Esq., Cooley LLP 

(via emailjhill@cooley. com w/ enc.) 

Beth Goldman, Esq. 
Attorneysfor PlaintiffJetBlue Airways Corporation

IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF NEW YORK

JetBlue Airways Corporation,

Plaintiff,

COMPLAINT FOR

-against- : DECLARATORY JUDGMENT

BlueJetSp.zo.o., 14 Civ.

( )

Defendant.

x

PlaintiffJetBlue Airways Corporation (“JetBlue”), by its undersigned attorneys, submits

this Complaint for Declaratory Judgment against Defendant Blue Jet Sp. z o.o. (“Blue Jet”).Plaintiffs allege as follows:

Nature of the Action

1. JetBlue has been using its famous JETBLUE trademark to market and promote its

high quality, low-cost airline services in the United States and abroad since at least 1999.JetBlue’s medium blue color-scheme and playful logo, including its signature lower-case “j” andupper-case “B,” are widely recognized. JetBlue has thirty-one federal trademark registrations

with the United States Patent and Trademark Office (“USPTO”), some of which areincontestable, for the trademark JETBLUE and JETBLUE in combination with another word orwords (“JETBLUE MARKS”). JetBlue also has established its brand in the European Union by

x
2. Blue Jet is a Poland-based airline that has recently applied for a Community

Trademark (“CTM”) registration the Office of Harmonization for the Internal Market (“OHIM”)in the EU for various goods and services. Blue Jet filed its first CTM application on July 13,

2009. On March 5, 2010, JetBlue opposed Blue Jet’s CTM registration and in return, Blue Jetfiled requests to revoke certain JetBlue marks. As a result, the parties entered into a prolongeddispute regarding the registration of marks by the parties before the OHIM.

3. On February 24, 2014, Blue Jet filed an application before the United States

Department of Transportation for broad rights to act as a foreign air carrier to points in theUnited States, and to fly from the United States to points in any country that is a member oftheEuropean Common Aviation Area.

4. Blue Jet’s use in the United States of the Blue Jet mark in connection with airline

services violates 15 U.S.C. § 11 14(1)(a) and 1 125(a)(1) because it will cause consumer

confusion, mistake, and will deceive consumers as to the existence of an affiliation, connection,or association between Blue Jet and JetBlue.

5. Therefore, JetBlue files this action for a declaratory judgment pursuant to the

federal Declaratory Judgment Act, 28 U.S.C. § 2201, seeking a declaration that Blue Jet’s use of

the mark “Blue Jet” in the United States violates JetBlue’s established trademark rights.

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7. Upon information and belief, defendant Blue Jet is an air carrier in Central and

Eastern Europe, which offers airline service throughout the world.

8. Upon information and belief, defendant Blue Jet maintains its principal place of

business at 02-146 Warszawa, 17 Stycznia 47, Poland.

Jurisdiction and Venue

9. This is an action for a declaratory judgment pursuant to federal Declaratory

Judgment Act, 28 U.S.C. § 2201.

10. This court has jurisdiction over this case under the Declaratory Judgment Act, 28

U.S.C.A. § 2201 and Fed. R. Civ. P. 57, both based on the diversity of the parties under 28

U.S.C.A. § 1332 in tandem with the value of the rights at issue being above $75,000 exclusive ofinterest and costs, and on the centrality of substantial federal questions under the federal

trademark statute pursuant to 28 U.S.C.A. § 1331, 1338(a), and under 15 U.S.C.A. § 1121.

11. Venue is proper in this district under 28 U.S.C. § 1391(b).12. This Court has personal jurisdiction over the Defendant Blue Jet pursuant to New

York Civil Practice Law and Rules (“NYCPLR”) § 301 because Blue Jet has purposely targetedits activities to and has systematically transacted, done, and solicited business in this district.

Relevant Facts

13. JetBlue is the premiere low-cost, high-quality domestic airline in the United

States and currently serves some sixty-five destinations in the United States, Mexico, Caribbean,

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14. JetBlue has been using its well-known JETBLUE trademark in connection with

superior service in every aspect of air travel since at least as early as the year 1999. JetBlue

owns thirty-one federal trademark registrations and pending applications with the USPTO for the

trademark JETBLUE and JETBLUE in combination with another word or words. Theseregistrations and applications include, without limitation, thirteen registrations for transportationof passengers, parcels, freight and cargo by air (Reg. Nos. 4338485, 4338484, 4338483,

4289126, 3502438, 3084084, 3163121, 3163120, 3052759, 2971984, 2947348, 2451955, and

2449988). JetBlue also owns a large number of unregistered marks incorporating or comprising

the word JETBLUE used with a variety of goods and services related to travel and airtransportation.

15. JetBlue has invested millions of dollars in the advertising and promotion of its

JETBLUE trademark, logos, and trade dress. As a result, the public has come to associate theJETBLUE MARKS with goods and services emanating exclusively from JetBlue. TheJETBLUE MARKS are therefore extremely valuable to JetBlue.

16. A search ofthe United States Trademark register shows that Blue Jet has not

applied for or obtained registration of any trademarks in the United States.

17. JetBlue has also established its brand in the European Union. JetBlue has adopted

and used, by itself or through its global airline partners, the mark “JetBlue” in connection with a

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LUE JET European Union, Blue Jet adopted and used the figurative mark _.—‘ in the

colors dark blue, light blue and white (the “BLUE JET MARK”) in connection with on-demand

charter flights. Blue Jet applied for a Community Trademark registration with The Office of

Harmonization for the Internal Market (“OHIM”) for the figurative BLUE JET MARK,

Community Application No. 008422041, for various goods and services in several classes (the

“BLUE JET CTM”). Blue Jet filed its first CTM application on July 13, 2009. On March 5,

2010, JetBlue filed an Opposition with OHIM to BLUE JET’s CTM, Reference No. B

001631731. In response, Blue Jet filed requests for revocation with OHIM against certain

JETBLUE MARKS, including without limitation, Request for Revocation Nos. 4518C, 4994C

and 4995C.

19. Since that time, Blue Jet and JetBlue have attempted to amicably resolve their

dispute before OHIM, but have not achieved agreement.

20. On February 24, 2014, Blue Jet filed an application before the United States

Department of Transportation for a foreign air carrier permit pursuant to 49 U.S.C. § 41301 to

enable it to engage in:

i. foreign charter air transportation of persons and property from any point

or points behind any Member State ofthe European Union via any point or points

in any Member State and via intermediate points to any point or points in the

United States and beyond;

ii. foreign charter air transportation of persons and property between any

point or points in the United States and any point or points in any member ofthe

European Common Aviation Area;

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provide the services described above pending the issuance of a foreign air carrier permit. BlueJet has requested expedited treatment of its application.

21. Blue Jet’s mark is confusingly similar to the JETBLUE MARKS registered in the

United States. Blue Jet refers to itself on its English language website as “BlueJet” (one word).’

Whether as one word or two, the use ofthe words “Blue” and “Jet” together have obvious visual,

aural, and connotative similarities to the JETBLUE MARKS. Thus, Blue Jet’s use of the markin connection with airline services threatens to cause consumer confusion, mistake, or to deceiveconsumers as to the existence of an affiliation, connection, or association between Blue Jet and

JetBlue under 15 U.S.C. § 11 14(1)(a) and 1 125(a)(1).

22. Accordingly, JetBlue is entitled to a judgment determining that Blue Jet’s use of

the BLUE JET MARK infringes the JETBLUE MARKS.

COUNT ONE

(Declaration of Trademark Infringement)

23. JetBlue repeats and realleges the allegations of Paragraphs 1 through 22 of this

Complaint as if fully set forth herein.

24. JetBlue and Blue Jet have engaged in an extended dispute regarding the

registration and use of Blue Jet’s figurative mark in the EU before the The Office of

Harmonization for the Internal Market (“OHIM”). Blue Jet has now applied to the United StatesDepartment of Transportation for the right to conduct international air carrier services under a

Blue Jet Website, http://www.blueiet.aero/en/czarter-odrzutowcow.aspx (last visited February 27, 2014)

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WHEREFORE, by the undersigned attorneys, JetBlue prays for relief as follows:

A. A judgment declaring that Blue Jet’s use of the BLUE JET MARK infringes the

JETBLUE MARKS;

B. That JetBlue recover its costs and disbursements incurred in this action, including

its reasonable attorneys’ fees; and

C. Such other and further relief as the Court deems just and proper.

Dated: New York, New York

February 27, 2013

FRANKFURT KURNIT KLEIN & SELZ, P.C.

Toby M.J. Butterfield, Esq.Beth I. Goldman, Esq.

488 Madison Avenue

New York, New York 10022

Tel.: (212) 980-0120

Fax: (212) 593-9175

tbutterfield@flcks.combgoldmanflcks. corn

Attorneysfor PlaintffJetBlue Airways

Corporation

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