August 6,2019:
Walmart has stirred up a hornet’s nest for using the name Jetblack for its text-based personal shopping service. Walmart bought the company Jet.com a few years ago and in 2018, started Jetblack a new retail service that takes a concierge-style approach to online shopping.
JetBlue is a major American airline low-cost passenger carrier, and the sixth-largest in the United States filed a trademark suit against the word and mark “Jetblack” of Walmart.
The case is filed as JetBlue Airways Corp v Jet.com Inc et al, U.S. District Court, Southern District of New York, No. 19-05879. The plaintiff alleged that the defendant is using the goodwill of “Jet Blue” word and mark of JetBlue airways. In this case, Walmart and Jet.com are both defendants.
In the United States trademarks may be protected by both Federal statute under the Lanham Act, 15 U.S.C. Sections 1051 - 1127, and states' statutory and/or common laws. Under state common law, trademarks are protected as part of the law of unfair competition. The intention of trademark law is to prevent consumer confusion about the origin of a product. In recent years, colors (such as John Deere green), sounds (such as the National Broadcasting Company's use of distinctive chimes), and scents have also been registered as trademarks.
If the trademark owner is able to prove infringement, they can get the remedies through a court order (injunction) to restrain the defendant and orders to destroy infringing articles. Further monetary relief, including the defendant's profits, any damages sustained by the plaintiff, and the costs of the action are available.
The mark “Jet Blue” is registered as a trademark in the year 2013. JetBlue Airways Corporation is the original holder of the mark “Jet Blue”. The mark consists of the word "JET BLUE" in blue stylized lettering. The color blue is a feature of the mark.
Jetblack is the incubation arm of Walmart and a stand-alone start-up company. Walmart launched Jetblack in part to help the Bentonville, Arkansas-based retailer expansion beyond its brick-and-mortar base and compete with other e-commerce platforms. Items of regular necessities are ordered through Jetblack which may be sourced from Walmart and its Jet.com unit.
JetBlue alleged that Jetblack will create confusion among consumers. In the language of JetBlue “Jetblack” is a “transparent attempt” by Walmart to capitalize on the goodwill associated with the carrier’s trademarks. Through the lawsuit, the sixth-largest American Airlines services claimed punitive and compensatory damages. The plaintiffs are further praying for Jury Trial and permanent injunction against Walmart from using the infringing word or mark or other colorable limitations.
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