WILLEMSTAD--Representatives of AvA Airways have taken notice of an alleged infringement of trademark by Martinique company "Ava Air SAS" represented by Renard David, with company number 523 966 927 and located at AEROPORT AIME CESAIRE ESP. AEROSERVICE Lamentin Martinique 97232 FRANCE.
"AvA Airways Inc. is an aviation company registered and incorporated in the United States of America, which represents Ava Air, Ava Airways “Curaçao,” Ava Airways “St. Maarten” and just the name Ava, in connection with its Airline Transportation Services. The use of Ava Air and any form of Ava or AvA Airways is in violation of International Trademark Rights, as ratified by the 176 signatory countries of the Paris Convention," said AVA Chairman Olivier Arrindell.
“This convention offers protection of intellectual property rights, common law service mark rights and trade name rights. United States federal registration IC 039 US 100 105 G & S: Airline Transportation Services, where the trademark of AVA Air is registered, provides us with property rights under the bilateral intellectual trade agreement between the Republic of France and the United States of America, as referenced by the Trademark registration. We are entitled to restrict the use of our trademark, or a confusingly similar trademark in association with confusingly similar products or services.
"Our trademark services/names are an important and distinctive representation of our company’s product as well as the goodwill of our company,” said Arrindell in an interview with Curaçao Chronicle.
On March 23, 2017, the representative of AvA Airways Inc. in Martinique, France had constituted and requested AVA Air SAS of Martinique to cease and desist of any and all use of the name AVA Air or Ava-Air in connection with their airline venture.
"AvA Airways Inc. believes that it is important to protect its trade names against any misrepresentation that may cause substantial harm to its business by facilitating the loss of trademarks effectiveness. “AVA Air SAS of Martinique’s unauthorized use of AvA Airways Inc. internationally recognized registered trademark amounts to an infringement of Ava Airways Inc. trademark rights,” explained Arrindell.
AvA Airways Inc. has requested AVA Air SAS of Martinique to immediately cease and desist any further use of the “Ava Air” name in association with marketing, sales, social media (such as Facebook and others) and website, airline company name, distribution, or any identification of products or services in connection with AVA Air SAS of Martinique businesses.
