The management of Crossair AG notes with total consternation the claims made by the management of SAirGroup, alleging that the SWISS brand name and the intended new corporate name SWISS Air Lines Ltd. infringes the rights of the “Swissair” brand name. Crossair AG believes that this contention is totally untenable and without any foundation. Crossair AG will therefore deploy any means at its disposal to rigorously contest any claim that the market appearance of SWISS should be declared unlawful by the courts.
In its letter dated Thursday, February 28, 2002, Crossair AG has notified SAirGroup that it sees no reason whatsoever to pay any compensation for the use of the names SWISS or SWISS Air Lines Ltd. In its judgement Crossair relies on the legal clarifications made before the SWISS brand was registered. Crossair AG further believes that both the market appearance of SWISS and the intended corporate name SWISS Air Lines Ltd. are quite distinct from “Swissair”, with the effect that no rights of SAirGroup whatsoever are infringed.
The course of action taken by SAirGroup has caused entirely unnecessary unrest among the personnel and the customers of SWISS. Should Crossair AG suffer any losses as a consequence of these claims, it is determined to take legal action against the management of SAirGroup.