Marketing 1, trademark lawyers 0

Introducing JetBlue’s new slogan: Happy Jetting!  With website sections titled “Are you a flyer or a jetter?” “The Rise of Jetting,” and statements like “JetBlue brings humanity back to the skies with a new form of aviation called ‘jetting,'” “Explore the many ways of jetting,” and a triumphant phallic-appearing announcement that “Today Jetting Rocks,” JetBlue is clearly trying to generate enthusiasm in a hungry, thirsty, crowded, tired, smelly and overcharged flying public. 

From a trademark perspective?  Not so much.  In fact, they’ve pretty much violated every rule in the Jessica Stone Levy book of trademark selection.  JetBlue has: (a) taken a colloquial term used in the English language by consumers of the services; (b) defined their view of “jetting” exhaustively in marketing materials;  and (c) used other formatives of the word (e.g., jetter).  If,  for example, a competitor were to use a slogan like “I jet around,” or “Jetting off to Cabo was never easier,” and JetBlue sued, I’d say those three actions above would be Exhibit A in that competitor’s defense.

This campaign reeks of the trademark-antithetical “branding initiative,” launched by marketers with little concern for the practical aspects of securing trademark registration and more importantly, of acquiring and enforcing trademark rights.  Paradoxically, after reviewing Jet Blue’s full website, I think the campaign is actually quite clever and entertaining, and if Jet Blue can be the rising tide to lift planes (?) in this horrible market, more power to them.  Just don’t think that you can then turn around and be a trademark bully with the trademark rights equivalent of a pair of batacas.