San Francisco Sues Oakland Over Potential Airport Name Change Confusion – Law Blog

What’s in a reputation? Oakland airport is keen to threat a lawsuit to alter their identify to the “San Francisco Bay Oakland Worldwide Airport” (OAK). To not be confused with it’s extra well-known counterpart, the San Francisco Worldwide Airport (SFO). Nevertheless, SFO contends that the confusion is strictly what OAK goes for with this newest identify change. 11.2 passengers handed by OAK in 2023. Compared, SFO had 50 million passengers in 2023.  

The Metropolis of San Francisco has filed a federal trademark infringement lawsuit, only a week after the Port of Oakland Board of Commissioners unanimously permitted a plan to rename Oakland Worldwide Airport to San Francisco Bay Oakland Worldwide Airport. The Port of Oakland denies that the identify change will infringe on SFO’s trademark, and claims that the airport code OAK and visible model won’t change. 

The Metropolis of San Francisco claims it has raised issues concerning the identify change with the Metropolis of Oakland that the change would create confusion amongst shoppers. San Francisco has owned the US federal trademark on “San Francisco Worldwide Airport” since 1954. The lawsuit seeks a courtroom order to instantly cease using the proposed identify and require Oakland to destroy any supplies with the brand new identify.  

This isn’t the primary time {that a} San Francisco Bay Space has tried to co-opt the identify for itself. In 2017, the Metropolis of Stockton tried to rename its airport to “San Francisco-Stockton Regional Airport.” SFO efficiently lobbied in opposition to the identify change and Stockton Metropolitan Airport retains its unique identify at this time.  

Trademark Infringement 

A trademark is any phrase, phrase, image, design, or mixture thereof that identifies a product, service, model, or entity. Well-known emblems embrace McDonald’s golden arches, Google’s emblem, or the phrase “Hasta la Vista Child” from the Terminator films. Emblems have to be registered with the federal authorities to be protected by trademark legal guidelines. A trademark proprietor doesn’t legally personal the phrase or phrase. As a substitute, a trademark solely protects the phrases or image from getting used to misrepresent a selected product, service, or entity.  

The potential for confusion is important right here. The 2 airports are solely separated by a mere thirty miles throughout the native San Francisco–Oakland Bay Bridge. They’re each in the identical trade. Each airports have worldwide vacationers, whose English might not be adequate to understand the distinction between the 2 names. There’s a excessive threat that passengers meaning to journey by one airport might mistakenly e-book a flight to the opposite.   

Oakland might argue that the brand new identify highlights its proximity to its extra well-known counterpart. Additional, OAK is just not altering its airport code or visible model such that vacationers can nonetheless distinguish between the 2 airports. Nevertheless, SFO contends that no less than one airline, Azores Airways, has already adopted the moniker “San Francisco Bay Oakland Worldwide Airport” in its web site when a person registers for a flight. It’s only a matter of time earlier than an unwary buyer clicks on the incorrect identify (which is positioned proper subsequent to one another).  

The unbelievable factor is that Oakland has seemingly not contemplated any various names. There isn’t any purpose why the phrase “San Francisco Bay” must be in entrance. For example, “Oakland-San Francisco Bay Metropolitan Airport” would most likely accomplish the identical purpose with out the confusion.  

Do I Want a Lawyer for Trademark Infringement? 

It’s extremely beneficial to seek the advice of with a ability trademark lawyer in case you are going through trademark infringement points. A lawyer will help you perceive your rights, consider your case, and supply steerage on one of the best plan of action.