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 directed 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 17, 2014
2

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 Corporation In Opposition To Application Of Blue 

Jet Sp. Z O.O. For An Exemption 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 requests that the Department exercise its 

authority 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 leading 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 JetBlue that a search for the name “Blue Jet” in Google returns
3

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 

applications 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, use 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. The 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 deny Blue 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 consistent 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@cooley.com

perkmann@cooley.com

bberlin@cooley.com

Counsel for JetBlue Airways Corporation
CERTIFICATE 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 17th 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.finamore@dot.gov

info@airlineinfo.com

/s/

Benjamin M. Berlin