Well here’s an interesting lawsuit.
JetBlue is suing Walmart over trademark infringement. This lawsuit is in regards to Walmart’s text-based personal shopping service, Jetblack, which was launched in May 2018.
I wasn’t familiar with this service prior to this lawsuit, and it’s apparently a “personal shopping and concierge service that combines the convenience of e-commerce with the customized attention of a personal assistant.”
JetBlue filed their complaint in Manhattan federal court last week, claiming that the use of Jetblack is a “transparent attempt” to capitalize on the goodwill associated with JetBlue’s brand. They also note that Jetblack is using other combinations of the word “Jet” and colors, like Jetgold and Jetsilver.
JetBlue claimed that the use of Jetblack causes “significant consumer confusion.”
Do keep in mind that Walmart owns the site jet.com. I imagine they’d say the name is inspired by that rather than JetBlue, though when you combine the word “jet” with a color, it certainly does make you think of the airline.
I’m obviously no lawyer, so I don’t have a “professional” opinion on this. My personal take (as a consumer) is that:
- I do suspect that the name Jetblack is in some way trying to take advantage of the goodwill associated with the JetBlue brand, and it’s a stretch to suggest this is just a creative expansion on jet.com
- At the same time, I’m not sure this actually causes confusion among consumers; the companies are in very different businesses, and I think JetBlue’s name is pretty well known (it’s not like people say “I’m flying Jet… wait, what color is it again?”
Do you think JetBlue has a case here?
(Tip of the hat to Live and Let’s Fly)
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