Never thought that this would be possible and it certainly doesn't get any more ridiculous.

This VA is suing the real airline, German Airways!  German Airways is a 'new' airline, founded through the merger between the old German airlines WDL and LGW. 

Do you have a link?

https://www.austrianaviation.net/detail/zeitfracht-verein-erhebt-einspruch-gegen-marke-german-airways/

Edited December 10, 20196 yr by FDEdev

If this is true, I hope other airlines don't take notice and start messing with other established VA's.

Mess with a VA? Can't imagine that any real airline is actually checking, or cares, if there's a virtual toy airline with a similar name. 

Edited December 10, 20196 yr by FDEdev

From what I can remember, there have been a few VA's that have been messed with by attorneys from the companies they're copying. I mean, lots of them care about that petty stuff.

Edited December 10, 20196 yr by ClaytonYosten

Ah, ok. Now I understand. But the other way round is definitely something new.

53 minutes ago, FDEdev said:

Mess with a VA? Can't imagine that any real airline is actually checking, or cares, if there's a virtual toy airline with a similar name. 

They do. Numerous VA's modeled on their real world counterparts have been forced to change their names and have even been threatened with legal action. Other airlines have embraced VA's based on their names. It's really about how petty they want to be.

Guess I wasn't clear enough. What I was trying to say is that I don't expect a real airline to check or care if there's a VA and which might sue the real airline for using a similar name. 

A trademark is a trademark!  Based on the BS instigated the rampent ignorance and stupidity if some airlines against some VAs over the years I say... Good on the VA, saddle up, and go get'um!

 

 

Couldn't agree more with Dave. @FDEdev If you've worked hard to build your brand then you have rights to it, being non-profit or a hobby is irrelevant; big business shouldn't be allowed to walk all over hobbyists, volunteers and community groups, so I'm glad a stand is being made. 

Any sensible business always checks for existing trademarks that might conflict with their ideas before deploying them, both registered and unregistered - to not do so is foolhardy and reflects poorly on the business.

There is a precedent for this by the way, "Jetstar" was a virtual airline before a real airline, and the latter had to settle out of court with the former.

I've had to defend my trademarks before at significant cost to me, because they thought they were more important they just went ahead and thought we'd capitulate - not a chance after 5+ years of careful nurturing, brand building and SEO!

 

 

Edited December 10, 20196 yr by ckyliu

This whole issue hinges on whether the VA copyrighted the name or not. If they didn't then they have no case. 

@188AHC Copyright is automatic, you do not need to apply for it. If you write an article, book, paint a picture, take a photo or create any other intellectual content, you have the exclusive rights to that for decades without having to do anything - there are exceptions for things created on behalf of other people who are paying you (so you are contracted or employed by them to create something)

Trademarks are a different story, but even they don't need to be registered to be defendable provided it can be proven it has goodwill built up by the claimant, it's not generic and infringement/passing-off has caused problems.

Edited December 10, 20196 yr by ckyliu

I guess European copyright laws are different the ours.

 

39 minutes ago, ckyliu said:

Trademarks are a different story, but even they don't need to be registered to be defendable provided it can be proven it has goodwill built up by the claimant, it's not generic and infringement/passing-off has caused problems.

This.

We're dealing with a trade mark question, not copyright. I do not know what the European statutes are like.

Cheers!