Trademarks above the clouds: ITA Airways brings Aeroitalia to its knees

The dispute over the name: How similar is too similar?

When two people argue, does the third win? Not in this case. In this case, ITA Airways - the official successor to the former Alitalia - went into confrontation with an up-and-coming rival airline: Aeroitalia. The accusation? The name was too similar - visually, phonetically and in terms of brand image.

What sounds like splitting hairs to outsiders has now been confirmed by the highest court: Aeroitalia must change its entire trademark . Not only the logo, but also the name, the colors and even the website. The whole thing applies to the entire European Union - a real bombshell in trademark law.

Alitalia lives on - at least as a trademark

ITA Airways secured the rights to the Alitalia trademark in 2021 - for a whopping 90 million euros. Although the trademark was not used for a long time, it has now been reactivated selectively. Why? Quite simply: Alitalia still has appeal - at least in the collective memory of many Italians.

And that was probably the crux of the matter. The judges in Rome saw "a high degree of similarity" between Alitalia and Aeroitalia - both in the typeface and the sound. So you could make a mistake if you read both names on a flight schedule. It is precisely this likelihood of confusion that is a no-go in trademark law.

And now? Rebranding or fighting?

Aeroitalia is publicly unimpressed - and calls the lawsuit "unfounded and instrumental". But things are bubbling behind the scenes. The company is considering an appeal, but is also thinking about a radical change: a complete rebranding. This should not only be a name change, but also herald a new chapter for the still young airline.

Aeroitalia wants to decide by July how to proceed. One thing is certain: From January 1, 2026, the current brand identity may no longer be used. The website must be changed by the end of June 2025 - including the domain. This is not only expensive, but also an immense organizational effort for an airline that is just getting off the ground.

Good idea, poor implementation

One thing is clear: ITA was quite right to put up a fight. Anyone who pays 90 million for a trademark does not want to risk it being watered down. Nevertheless, a bitter aftertaste remains: why are large corporations allowed to buy decades-old Trademarks such as Alitalia and then let them disappear into a drawer? The fight against Aeroitalia is a bit like trying to ride a dead horse - only in a designer saddle.

If Aeroitalia is courageous now, it will make a virtue of necessity: new name, new identity, clear differentiation. Perhaps even an image that is not based on legacy, but on genuine innovation. And that - hand on heart - is what European aviation needs most urgently right now.