‘San Francisco Bay Oakland International Airport’ fires back at SFO in opposition to preliminary injunction motion

October 9, 2024

Port of Oakland: ‘SFO failed to provide evidence of confusion’

Oakland, Calif. – October 9, 2024: The Port of Oakland—which owns and operates San Francisco Bay Oakland International Airport (OAK)—yesterday filed its opposition papers responding to the City and County of San Francisco’s (SFO) motion for preliminary injunction. SFO’s motion, filed September 17, 2024, seeks to prevent OAK from using its new name. OAK’s new name has officially been in use since it was unanimously approved by the Board of Port Commissioners on May 9, 2024.

The Port’s opposition lays bare SFO’s lack of adequate evidence of confusion and its ultimate failure to establish that it is likely to prevail on its trademark infringement claims at trial.

The Port’s response included declarations from both Southwest Airlines–which operates out of both OAK and SFO–and Spirit Airlines. These declarations describe how their customers search for—and book—flights, in contrast to SFO’s allegations that included a fictitious Southwest Airlines page. The Southwest and Spirit declarations bolster the Port’s common sense view of how airline passengers make purchasing decisions in a commercial marketplace that is actually devoid of confusion.

SFO ignores the realities of this commercial marketplace and instead relies on inadequate evidence, including:

Handful of unauthenticated online social media opinion posts,
Flawed consumer survey with manufactured stimuli and manipulated results,
Passenger confusion “log” created for litigation by unidentified airport volunteers,
Curated selection of communications expressing opinions about the Port’s consideration of a new name for its Airport as the totality of its confusion evidence.

“SFO continues to manufacture confusion under the cloak of its legal filings,” said Port of Oakland Director of Aviation Craig Simon. “Their tactics create an anti-competitive environment that does a disservice to all travelers coming to the Bay Area.”

It is an undisputed fact that OAK is located on the shores of the San Francisco Bay. According to the Port, there is no legal basis to prevent the Port from communicating this basic geographic reality. It is important to note that SFO is located along the San Francisco Bay in San Mateo County.

The court is scheduled to consider OAK’s and SFO’s arguments on the preliminary injunction motion on November 7, 2024.

The Port has spent years developing its distinct branding that emphasizes the Airport’s location code (OAK) and the ease and convenience it offers all Bay Area travelers. OAK proudly offers uniquely efficient air travel into and out of the Bay Area and features and promotes its Oakland community. None of this has changed. OAK’s new name reinforces its unique identity as an international airport that is conveniently located on the shores of San Francisco Bay and firmly rooted in Oakland.

OAK is the closest major airport to 58 percent of the Bay Area population. The combined population of the counties closest to OAK is 4.1 million compared with 1.5 million in San Francisco and San Mateo counties.

The Airport brings 30,000 good-paying, local jobs and has over $1.6 billion in economic impact on Oakland and the greater San Francisco Bay Area. The Port is also improving the overall passenger experience through terminal upgrades and providing new local concessions and dining options. 

 Click here to read the Port’s opposition brief.

About the Port of Oakland

The Port of Oakland generates vital economic activity, community benefits, and environmental innovation as it decarbonizes its operations for a cleaner and greener future. Along with its partners, the Port supports 98,345 regional jobs and $174 billion in annual economic activity. The Port oversees the San Francisco Bay Oakland International Airport, the Oakland Seaport, and nearly 20 miles of waterfront, including Jack London Square and a publicly owned utility. The Port of Oakland is Everyone’s Port! Connect with the Port of Oakland and San Francisco Bay Oakland International Airport through Facebook and Twitter or with the Port on LinkedIn, YouTube, and at www.portofoakland.com. 