American Airlines has filed a lawsuit against a travel company with a similar name alleging trademark infringement and a “flagrant and willful violation” of a previous settlement between the two parties, according to court documents filed last week.
In 2009, American Airlines Group, Inc. (NASDAQ: AAL) and American Assist Travel Services, Inc. reached a settlement after the Fort Worth-based carrier became aware that American Assist was using the “AA” moniker to market itself in the travel space.
American Assist offers emergency services to people during trips, such as medical assistance for sicknesses or accidents, dental assistance and assistance in finding lost luggage.
As part of the settlement nine years ago, American Assist was allowed to keep using its logo when marketing services like roadside assistance, towing and vehicle accidents, but was ordered to stop using and not register the AA designation when marketing its travel-related services.
In the new suit filed last week in the Southern District of Florida, American Airlines alleges that American Assist breached the settlement agreement by using a logo with “colors similar to those used with the American Airlines” and a stylized AA.
American Airlines Senior Vice President for Legal Affairs Stephen Johnson, AA General Counsel Paul Jones and Deputy GC Bruce Wark turned to Shook Hardy Bacon partner Humberto Ocariz to lead the lawsuit.
American Airlines discovered that American Assist filed trademark applications in several Central and South American countries and used descriptions like “transport services for people” and “passenger transport services” in the trademark filing process. American Airlines alleges this violates the 2009 settlement.
The two parties held numerous conversations outside of the courtroom in attempt to resolve the conflict, but conversations stopped when American Assist’s general counsel ceased communicating with American Airlines, the suit alleges.
American Airlines said in the lawsuit that American Assist’s similar logo and the use of AA is “likely to cause confusion, to cause mistake, or to deceive the relevant public and the trade, into believing that defendants or their services originate with or are related to American Airlines.”
You can read more Dallas business news from Evan Hoopfer of the Dallas Business Journal here.