FLIGHT MODE: IP IN AVIATION INDUSTRY

The aviation industry is a melting pot of innovation, competition, and technological progress. In an era where brands define their own identities, airlines compete not only in aviation but also in intellectual property (IP). In this competitive and dynamic field, brand recognition is paramount, so airlines invest heavily in building and maintaining trademark-protected brand identities. This article examines the critical role played by intellectual properties in aviation industry and explores the strategies, which may ensure better protection and monetization an interconnected and globalized world.

From safety belt[i] to in-flight catering trolley[ii], from auto-pilot systems[iii] to even airport designs[iv], each invention led to growth and sustainability of aviation industry for centuries. Boeing, one of the leading brands in aviation industry has a brand value of over USD 17.5 Billion[v] and over 15,000 patents[vi] worldwide. Airbus, on the other hand, has a brand value of about USD 14.5 Billion and over 58,000 patents[vii] worldwide. Trade secret protection is another important piece of an intellectual property plan in the aerospace industry, and such secrets and confidential information are zealously protected by the Owners.[viii] Be it defence or civil aviation, safety and security is of utmost priority and hence trade secrets offer a viable solution to maintain the secrecy of software and critical control systems.

Brands and marketing plays a crucial role in maintaining reputation, ensuring customer trust and recall value, and safeguarding against potential financial losses. Airlines industry has given rise to popular brands, liveries, logos and even mascots, all of which are and can be protected as trademarks. While it is mandatory for airlines to conspicuously mention the nationality mark (VT for India) along with 3 letter registration number granted by the DGCI[ix]. In 2023, Air India undertook a change in its logo and livery designs, which trademarks were applied for trademark registration in August, 2023. To understand how these different design elements are protected as trademarks, few of the relevant trademarks applications filed by Air India Limited along with reference use on the flight equipment, are mentioned below:

Besides the conventional forms of trademarks, flight interiors and even crew uniforms[x] forms integral part of branding and can be protected as trade dress or industrial designs.

Another important use of IP is in the form of creative content, which is made available to the consumers by the airlines industry. The content, whether as printed matter or in form of movies and songs and even dedicated mobile apps, are subject matter of copyright protection. Airlines keep their passengers and consumers engaged and entertained, by offering them original content created at their behest or licensed content such as movies and web-series. The process of making such content available to the passengers and consumers in a conducive format, itself, is highly innovative and unique.

It is not uncommon in the airlines industry to shut their business[xi]. Such cessation of operations can results in abandonment of their valued IPs, and most likely the owner would not enforce its exclusive rights post cessation. Unless these defunct IPs are assigned or transferred to another entity to maintain continuity of their use, can be misused, resulting in significant loss of revenue and reputation and even public confusion. It is therefore imperative that the airlines industry adopt a robust IP management and use strategy to maintain their reputation and customer trust in a highly competitive and safety-sensitive industry. Clearly, aviation IPs hold immense value for the sector at large and hence organisations such as The International Air Transport Association (IATA) may develop a comprehensive and uniform strategy for better utilisation of these IPs in and across the sector and for protecting the ‘Industry IP’ from misuse.

[i] https://patentimages.storage.googleapis.com/f8/c6/01/9b1a94b6eb9bed/US2488858A.pdf

[ii] https://patentimages.storage.googleapis.com/0b/5f/0d/ca2a5ca30e2516/US20130199402A1.pdf

[iii] https://patentimages.storage.googleapis.com/67/eb/6d/4c44d4d9e138ac/US4330827.pdf

[iv] https://patentimages.storage.googleapis.com/94/36/f1/1a24e88fd32258/US3157374.pdf

[v] https://brandirectory.com/rankings/aerospace-and-defence/

[vi] https://www.boeing.com/global/

[vii] https://insights.greyb.com/airbus-patents/

[viii] Arconic Inc. (F/K/A Alcoa Inc.) v. Universal Alloy Corporation, U.S. District Court for the Northern District of Georgia, No. 1:15-cv-01466; Bombardier Inc., v. Mitsubishi Aircraft Corporation, et al. 383 F. Supp. 3d 1169 (W.D. Wash. 2019); Wilson Aerospace LLC v. The Boeing Company Inc., 2:23-cv-00847, (W.D. Wash.); Elec. Arts, Inc. v. Textron Inc., No. C 12-00118 WHA (N.D. Cal. Jul. 25, 2012)

[ix] Rule 37 of the Aircraft Rules, 1937

[x] https://www.zeebiz.com/economy-infra/aviation/news-air-india-unveils-new-uniforms-for-cabin-cockpit-crew-air-india-tata-designed-by-manish-malhotra-268575

[xi] https://www.usatoday.com/picture-gallery/travel/flights/2019/05/21/23-airlines-have-gone-out-business-past-year/3753955002/