BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

)

Application of )

)

BLUE JET SP. Z O.O. ) Docket OST

- 2014

- 0026

)

For a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 and exemption authority )

pursuant to 49 U.S.C. § 40109 )

)

ANSWER OF JETBLUE AIRWAYS CORPORATION IN OPPOSITION TO

APPLICATION OF BLUE JET SP. Z O.O. FOR A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be direc ted to:

James G. Hnat

Executive Vice President Corporate Affairs,

General Counsel & Secretary

Robert C. Land

Senior Vice President for Government

Affairs & Associate General Counsel

Ellie Boragine

Advertising and Commercial Counsel

JetBlue Airways Corporation

27

- 01 Queens Plaza North

Long Island City, NY 11101

(718) 709

- 3089 Jonathan B. Hill

J. Parker Erkmann

Benjamin M. Berlin

Cooley LLP

1299 Pennsylvania Ave., NW

Washington, DC 20004

(202) 842

- 7800

jhill@cooley.com

perkmann@cooley.com

bberlin@cooley.com

Counsel for JetBlue Airways Corporation

Dated: March 1 7 , 20142 BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

)

Application of )

)

BLUE JET SP. Z O.O. ) Docket OST

- 2014

- 0026

)

For a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 and exemption authority )

pursuant to 49 U.S.C. § 40109 )

)

ANSWER OF JETBLUE AIRWAYS CORPORATION IN OPPOSITION TO

APPLICATION OF BLUE JET SP. Z O.O. FOR A FOREIGN AIR CARRIER PERMIT

JetBlue Airways Corporation (“JetBlue”) hereby submits this answer in opposition to the

application by Blue Jet Sp. z o.o. (“Blue Jet”) for a foreign air carrier permit

. On March 11,

2014, JetBlue submitted an answer in this docket in opposition to Blue Jet’s application for

exemption authority pursuant to 49 U.S.C. Section 40109

. JetBlue hereby incorporates the

March 11, 2014 Answer of JetBlue Airways Corporatio n In Opposition To Application O f Blue

Jet Sp. Z O.O. For An Exe mption into this answer in the foreign air carrier permit proceeding.

Because Blue Jet proposes to initiate service to the United States using a trade name that

is nearly identical to the JetBlue name , JetBlue request s that the Department exercise its

aut hority to intervene or take “enforcement action should there be evidence of a significant

potential for, or of actual, public confusion.” 14 C.F.R. § 215.2. The evidence of such public

confusion is overwhelming. JetBlue has established itself as a leadi ng airline brand through the

development of an extensive route network, superior customer service and extensive marketing

efforts , and the use of a nearly identical name will confuse the public. Indeed, the words “Blue”

and “Jet” are so associated with Je tBlue that a search for the name “Blue Jet” in Google returns3 only JetBlue websites as the first results

. 1 Quite simply, the Department must prevent Blue Jet’s

transparent attempt to associate itself with the JetBlue name and brand. Granting Blue Jet’s

a pplications would lead consumers to the mistaken conclusion that Blue Jet’s services are

associated with JetBlue , but there can be no assurance that Blue Jet will offer a high

- quality

service at a fair price like consumers have come to expect from JetBlue. Regardless of the

quality or value of the services provided by Blue Jet, u se of the Blue Jet name is a transparent

attempt by Blue Jet to derive benefit from JetBlue’s considerable investments in its high

- quality,

consumer

- friendly service and brand. Th e Department has the authority to prevent such public

confusion and harm , and JetBlue respectfully requests that the Department exercise it by denying

Blue Jet’s application.

1 See Answer of JetBlue Airways Corporation in Opposition to Application of Blue Jet Sp. z o.o.

for an Exemption (Mar. 11, 2014), at 3.4 WHEREFORE, JetBlue respectfully requests that the Department de ny B lue Jet’s

application for a foreign air carrier permit unless Blue Jet agrees to operate under a different

name , which does not lead to confusion with JetBlue, and that the Department grant such other

or further relief as it deems appropriate and consisten t with the public interest.

Respectfully submitted,

March 17, 2014

____________________________ Jonathan B. Hill

J. Parker Erkmann

Benjamin M. Berlin

Cooley LLP

1299 Pennsylvania Ave., NW, Ste. 700

Washington, DC 20004

(202) 842

- 7800

jhill@c ooley.com

perkmann@cooley.com

bberlin@cooley.com

Counsel for JetBlue Airways Corporatio nCERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Answer of JetBlue Airways Corporation in

Opposition to Application of Blue Jet Sp. z o.o

. was served this 1 7 th day of March, 2014 via email

transmission on the following:

ggarofalo@ggh

- airlaw.com

etallardy@ggh

- airlaw.com

jmaddux@ggh

- airlaw.com

urskr@state.gov

tbutterfield@fkks.com

john.s.duncan@faa.gov

esta.rosenberg@dot.gov

robert.finamor e@dot.gov

info@airlineinfo.com

/s/

Benjamin M. Berlin