From: Erkmann, Parker

To: Jason E. Maddux; Finamore, Robert (OST)

Cc: Johnson, Shelita (OST); Gary B. Garofalo; Erin M. Tallardy; Hill, Jonathan; Berlin, Benjamin;

tbutterfield@fkks.com; jarfield@fkks.com

Subject: RE: Application of Blue Jet Sp. Z o.o. (Docket OST-2014-0034)

Date: Tuesday, May 27, 2014 3:19:03 PM

Bob,

   JetBlue believes that the update provided by Blue Jet omits important developments in the

litigation.  Service of the complaint was made on April 25, 2014.  The parties agreed to seek an

extension of time of 30 days (from May 16, 2014 until June 16, 2014) for Blue Jet to answer the

complaint, which the Court granted.   The parties also agreed to maintain the status quo with

respect to Blue Jet's current US airline operations and its EU trademark claims, for as long as the

parties are discussing and negotiating an overall settlement to their dispute.

Best regards,

Parker

J. Parker Erkmann

Cooley LLP

1299 Pennsylvania Avenue, NW • Suite 700

(enter from 12th and E Streets)

Washington, DC 20004-2400

Direct: +1 202 776 2036 • Fax: +1 202 842 7899 • Cell: +1 202 415 3435

Bio: www.cooley.com/perkmann

From: Jason E. Maddux [mailto:jmaddux@ggh-airlaw.com] 

Sent: Tuesday, May 27, 2014 9:51 AM

To: Robert.Finamore@dot.gov

Cc: shelita.johnson@dot.gov; Gary B. Garofalo; Erin M. Tallardy; Hill, Jonathan; Erkmann, Parker; Berlin,

Benjamin; tbutterfield@fkks.com; jarfield@fkks.com

Subject: RE: Application of Blue Jet Sp. Z o.o. (Docket OST-2014-0034)

Dear Bob,

Blue Jet advises that it offered to waive service of the summons and complaint, but JetBlue did not

accept that offer.  Instead, JetBlue ended up serving Blue Jet with the complaint. 

Best regards,

Jason

From: Robert.Finamore@dot.gov [mailto:Robert.Finamore@dot.gov] 

Sent: Thursday, May 22, 2014 5:54 PM

To: Gary B. Garofalo; Erin M. Tallardy; Jason E. Maddux; jhill@cooley.com; perkmann@cooley.com;

bberlin@cooley.com; tbutterfield@fkks.com; jarfield@fkks.com
Cc: shelita.johnson@dot.gov

Subject: Application of Blue Jet Sp. Z o.o. (Docket OST-2014-0034)

Good Afternoon All,

I’m writing to you regarding the contested licensing case of BlueJet that is pending before

DOT in the Docket referenced above.

In the final filing on the record (Answer of Blue Jet Sp. Z o.o. in Opposition to Motion for

Leave to File Unauthorized Pleading and Sur-Reply of JetBlue Airways Corporation, filed

April 14, 2014) Blue Jet states that “We are advised that Mr. Toby Butterfield, trademark

counsel for JetBlue, has been informed that Blue Jet will waive service of the summons and

complaint in the pending trademark litigation.”

Prior to the Department moving forward with disposition of the application, in response to

this e-mail, please confirm that Blue Jet has in fact waived service of the summons and

complaint in the pending trademark litigation case referenced in the pleadings, or has

otherwise accepted service.

Regards,

Bob

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