	

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.





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PACIFIC WINGS, LLC

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NOTICE OF REGISTRATION OF TRADE NAME

On January 4, 2007, Pacific Wings, LLC (“Pacific Wings”), a
certificated air carrier, requested that the Department register the
trade names “PW Express” and “Pacific Wings Airlines” for use in
certain of its air transportation operations.

Part 215 (14 CFR 215) of the Department’s regulations provides that
any carrier wishing to use an alternative trade name must first register
that name with the Department.  The rule further states that the
Department may register such trade name after the air carrier gives
notification to similarly named air carriers of the proposed use of the
trade name.  If the registration of the proposed trade name would likely
result in significant potential for public confusion the Department may
preclude registration of such trade name.  Moreover, the Department may
also pursue enforcement action in cases where there is evidence of
actual public harm or confusion in violation of the unfair and deceptive
practices provisions set forth under 49 U.S.C. § 41712. 

In this case, we identified one similarly named air carrier, Pacific
Wings Airlines Limited, a Canadian air taxi registered under Part 294 of
the Department’s regulations and Part 129 of the Federal Aviation
Regulations, and on January 9, 2007, we requested Pacific Wings to
notify Pacific Wings Airlines Limited of the proposed use of the trade
names “PW Express” and “Pacific Wings Airlines.” On January 10,
2007, Pacific Wings provided evidence that it had complied with our
request.  

Since Pacific Wings has complied with the requirements of Part 215, we
acknowledge registration of the trade names “PW Express” and
“Pacific Wings Airlines” by Pacific Wings for use in its operations.
 In doing so, we note that Pacific Wings Airlines Limited has not filed
an answer objecting to the proposed use of the trade names. 
Furthermore, each air carrier has performed their respective operations
using similar names for more than two years and the Department has not
received any consumer complaints concerning name confusion.  Moreover,
we find that Pacific Wings operations using 9-seat Cessna 208 aircraft
operated among destinations within the state of Hawaii are significantly
different in both geographical area of operations and type of operations
than the operations performed by Pacific Wings Airlines Limited,
primarily using 8-seat Dehavilland DHC-2 amphibious aircraft operated
among destinations in Canada and the northwestern United States. 
Therefore it is not evident that public confusion would likely result
from Pacific Wings’ use of the trade names “PW Express” and
“Pacific Wings Airlines” in its operations.

However, should the Department find evidence of consumer harm as a
result of name confusion, we will not hesitate to take appropriate
action under 49 U.S.C 41712.

Dated at Washington, D.C., January 12, 2007.

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide
Web at

http://dms.dot.gov	Attachment A





SERVICE LIST FOR

PACIFIC WINGS, LLC





   MR GREGORY WALDEN

   PATTON BOGGS LLP

   COUNSEL FOR PACIFIC WINGS LLC

   2550 M STREET NW

   WASHINGTONM DC 20037-1350	

   MR PETER LYNCH FAA

   ASST CHIEF COUNSEL

   FOR ENFORCEMENT AGC-300

   800 INDEPENDENCE AVE SW

   WASHINGTON DC  20591





   MR DON BRIGHT K-14

   OFFICE OF AIRLINE INFORMATION

   DEPARTMENT OF TRANSPORTATION

   400 SEVENTH STREET SW

   WASHINGTON DC 20590

	   MS LORI AQUILINO 

   CSET ASST MGR

   FAA SFO-IFO

   831 MITTEN ROAD STE 105

   BURLINGAME CA 94010



   MR DAVID LUSK 

   POI FOR PACIFIC WINGS LLC

   HONOLULU FSDO

   135 NAKOLO PLACE

   HONOLULU HI 96819

	   PACIFIC WINGS AIRLINES LIMITED

   5764 WHARF STREET

   SECHELT BC V0N 3A0



	

  See Order 2001-8-2, issued August 7, 2001.

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