S.F. suing Oakland over airport renaming
Rebranding creates competition and confusion, city attorney says
San Francisco is suing the city of Oakland over a planned name change for the Oakland airport to San Francisco Bay Oakland International Airport, arguing in a federal court filing that the new moniker will cause confusion among travelers and could damage San Francisco airport’s reputation and bottom line.
The trademark infringement lawsuit filed Thursday asks the court to prevent Oakland airport from moving forward with its plan and seeks a ruling that the proposed name is a violation of San Francisco International Airport’s trademark.
The city’s legal action follows a surprise March 29 announcement that Oakland was considering the renaming, which is intended to boost business at the East Bay airport by making its location clearer to travelers unfamiliar with the area.
Oakland’s proposal was swiftly condemned by government and business leaders in San Francisco and San Mateo counties. Some East Bay officials and business groups announced their support for the measure, as did several of the airlines that run flights out of the East Bay.
San Francisco officials argued the new moniker would cause confusion among travelers and could damage San Francisco airport’s reputation and bottom line. City Attorney David Chiu told the Oakland port commission in an April 8 letter that he would
pursue legal action if it moved forward with the plan, but the body unanimously approved the new name in an April 11 vote.
The lawsuit filed Thursday makes the additional claim that Oakland’s renaming could “damage the travel industry for the entire region,” due to “confusion and chaos” among travelers. Legal experts consulted before Thursday’s filing thought San Francisco had a strong case on the merits.
Representatives from the Oakland airport have argued the new name is a geographic description of where the airport is, and as such should not be considered trademark infringement.
“This has nothing to do with San Francisco,” said Oakland International Airport spokesperson Robert Bernardo. “No one can deny the geographic fact that Oakland is located on the San Francisco Bay.”
Bernardo said he doesn’t think the name change will confuse travelers, who are used to major metropolitan areas having multiple airports, he said.
“It’s an efficient and distinctive choice for flying into the Bay Area,” he said.
Other airports have experienced similar fights over their name.
In Florida, Orlando International Airport, the city’s biggest, has battled with two nearby airports that also used Orlando in their names for years. The region is a major tourist destination due to its proximity to Walt Disney World and other attractions. Orlando
officials cited complaints from travelers who arrived at one airport, expecting to be at another.
The Oakland port commission’s plan still has to pass an upcoming vote next month to be official, but San Francisco’s lawsuit alleges the damage to SFO’s brand is already being done. At least one airline is already using the new name on its website, according to the lawsuit.
The city attorney’s office shared screenshots from the day after the port commission’s vote that show a search for “San Francisco” on the booking page for Azores Airlines. The search turned up two results, “San Francisco” and “San Francisco Bay Oakland International Airport.” As of Thursday morning, the site is still using the new name.
The city’s claims in its lawsuit
are standard for a trademark infringement case such as this, said Tyler Ochoa, a law professor at Santa Clara University. Ochoa expects San Francisco to ask the judge to prevent Oakland from using the new name until the lawsuit is resolved. A preliminary hearing would usually be heard within a few weeks, he said.
The judge would be asked to decide on the likely success of San Francisco’s suit and whether SFO would suffer irreparable harm if the court waits. Because those questions are so similar to what the could ultimately decides in the case, the preliminary injunction ruling is likely to go in favor of the party who will ultimately win the case.
Azores Airlines is not named in the lawsuit and would not be bound by the injunction, Ochoa said. He is not aware of any law or regulation obligating The Oakland airport to intervene with Azores. The airline could not be reached for comment.
The Oakland airport isn’t responsible for and can’t comment on what individual airlines post on their websites, Bernardo said.