American Airlines, Inc. v. North American Airlines, Inc.

351 U.S. 79, 76 S. Ct. 600, 100 L. Ed. 2d 953, 100 L. Ed. 953, 1956 U.S. LEXIS 1852
CourtSupreme Court of the United States
DecidedApril 23, 1956
Docket410
StatusPublished
Cited by46 cases

This text of 351 U.S. 79 (American Airlines, Inc. v. North American Airlines, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Airlines, Inc. v. North American Airlines, Inc., 351 U.S. 79, 76 S. Ct. 600, 100 L. Ed. 2d 953, 100 L. Ed. 953, 1956 U.S. LEXIS 1852 (1956).

Opinions

Mr. Justice Minton

delivered the opinion of the Court.

Twentieth Century Airlines, Inc., was issued a letter of registration as a large irregular air carrier by the Civil Aeronautics Board in 1947. For some reason, beginning in 1951 it conducted its business under the name of North American Airlines. On March 3, 1952, it amended its articles of incorporation so as legally to change its name to North American Airlines, Inc. By letter dated March 11, 1952, it requested the C. A. B. to reissue its letter of registration in the new corporate name. The Board took no action on that request, but rather, in August 1952, adopted an Economic Regulation requiring every irregular carrier after November 15, 1952, to do business in the name in which its letter of registration was issued. 14 CFR § 291.28. The Board explained that under the Regulation it would allow continued use of a different name to which good will had become attached, except where use of such name constitutes a violation of § 411 of the Civil Aeronautics Act, 52 Stat. 1003, as amended, 66 Stat. 628, 49 U. S. C. § 491, which prohibits unfair or deceptive commercial practices and unfair methods of competition. 17 Fed. Reg. 7809.

On October 6, 1952, respondent applied for permission to continue use of its name, “North American Airlines.” Petitioner, American Airlines, on October 17, 1952, filed a memorandum with the Board requesting denial of North American’s application for the reasons, among others, that use of the name “North American” infringed upon its long-established trade name, “American,” and constituted an unfair method of competition in violation of § 411 of [81]*81the Act. The Board, as authorized by § 411, on its own motion instituted an investigation and hearing into whether there was a violation of § 411 by North American. It consolidated with that proceeding an investigation and hearing into the matter of North American’s application for change of name in its letter of registration. American was granted leave to intervene in the consolidated proceeding.

After extensive hearings, the Board found that respondent’s use of the name “North American” in the air transportation industry, in which it competed with American, had caused “substantial public confusion,” which was “likely to continue” and which constituted “an unfair or deceptive practice and an unfair method of competition within the meaning of Section 411.” Docket Nos. 5774 and 5928 (Nov. 4, 1953), 14-15 (mimeo). It found that the public interest required elimination of the use of the name, and accordingly it denied the application of North American and ordered it to “cease and desist from engaging in air transportation under the name ‘North American Airlines, Inc.,’ ‘North American Airlines,’ ‘North American,’ or any combination of the word ‘American.’ ” Id., at 15-16. On petition for review by North American, the Court of Appeals for the District of Columbia set aside the Board’s order. 97 U. S. App. D. C. 85, 228 F. 2d 432. American, having been admitted as a party below by intervention, sought, and we granted, certiorari. 350 U. S. 894.

As we understand its opinion, the Court of Appeals set aside the order because the public interest in this proceeding was inadequate to justify exercise of the Board’s jurisdiction under § 411. Although the court was critical of the finding of “substantial public confusion,” it did not, on its disposition of the. case, expressly disturb that or any other of the Board’s findings. For the purposes of review here, we will accept the findings, and there is no cause [82]*82for this Court to review the evidence. Universal Camera Corp. v. Labor Board, 340 U. S. 474, has no application in the present posture of the case before us. The questions then presented are whether confusion between the parties’ trade names justified a proceeding by the Board to protect the public and whether the kind of confusion found by the Board could support a conclusion of a violation of the statute by respondent.

This is a case of first impression under § 411. That section provides that

“The Board may, upon its own initiative or upon complaint ... if it considers that such action by it would be in the interest of the public, investigate and determine whether any air carrier . . . has been or is engaged in unfair or deceptive practices or unfair methods of competition in air transportation or the sale thereof.”

If the Board finds that the carrier is so engaged, “it shall order such air carrier ... to cease and desist from such practices or methods of competition.” Section 411 was modeled closely after § 5 of the Federal Trade Commission Act,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Intuit v. FTC
Fifth Circuit, 2026
Lenworth Bailey v. Rocky Mountain Holdings, LLC
889 F.3d 1259 (Eleventh Circuit, 2018)
Bryan Ray v. Spirit Airlines, Inc.
767 F.3d 1220 (Eleventh Circuit, 2014)
Fenn v. Trans National Travel, Inc.
14 Mass. L. Rptr. 714 (Massachusetts Superior Court, 2002)
Iadanza v. Mather
820 F. Supp. 1371 (D. Utah, 1993)
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (Supreme Court, 1992)
Federal Trade Commission v. AMREP Corp.
705 F. Supp. 119 (S.D. New York, 1988)
Aloha Airlines, Inc. v. Civil Aeronautics Board
598 F.2d 250 (D.C. Circuit, 1979)
American Meat Institute v. Ball
424 F. Supp. 758 (W.D. Michigan, 1976)
Nader v. Allegheny Airlines, Inc.
426 U.S. 290 (Supreme Court, 1976)
Polansky v. Trans World Airlines, Inc.
523 F.2d 332 (Third Circuit, 1975)
Polansky v. Trans World Airlines
523 F.2d 332 (Third Circuit, 1975)
Ralph Nader v. Allegheny Airlines, Inc.
512 F.2d 527 (D.C. Circuit, 1975)
Jet Air Freight v. Jet Air Freight Delivery, Inc.
264 So. 2d 35 (District Court of Appeal of Florida, 1972)
Bell Realty & Insurance Agency v. Chicago Commission on Human Relations
266 N.E.2d 769 (Appellate Court of Illinois, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
351 U.S. 79, 76 S. Ct. 600, 100 L. Ed. 2d 953, 100 L. Ed. 953, 1956 U.S. LEXIS 1852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-airlines-inc-v-north-american-airlines-inc-scotus-1956.