‍DALLAS — A recent ruling by the Rome Court of Appeals has delivered a significant blow to the Italian airline Aeroitalia (XZ), ordering the carrier to cease using its current name and logo due to excessive similarity with the historic Alitalia brand, now owned by ITA Airways (AZ). 

The decision, issued in early June 2025, marks the culmination of a protracted legal battle that began in 2023 and underscores the ongoing significance of brand protection in the competitive aviation industry. 

The court found that Aeroitalia's branding creates confusion with the Alitalia trademark, which ITA Airways purchased for €90 million in 2021 as part of its succession of Italy's former flag carrier. This ruling forces Aeroitalia to undergo a complete rebranding within six months, potentially disrupting its operations and market positioning as it serves crucial regional routes, including territorial continuity flights to Sardinia and Sicily.

Background of the Legal Dispute

The conflict between ITA Airways and Aeroitalia began in October 2023, when ITA Airways, through its intellectual property representatives, sent a cease-and-desist order to Aeroitalia, alleging trademark infringement. The legal action was initiated by Società Italiana Brevetti (SIB), an intellectual property firm acting on behalf of ITA Airways, which claimed that Aeroitalia's branding elements, particularly its rudder design and overall visual identity, were too similar to those of the defunct Alitalia airline. The allegations centered on concerns that Aeroitalia was capitalizing on the reputation and recognition of Alitalia's trademarks, potentially misleading consumers and diluting the value of the intellectual property that ITA Airways had legally acquired.

Initially, a lower court rejected ITA Airways' claims, providing temporary relief for Aeroitalia. However, the appeals court overturned this decision, siding with ITA Airways and finding merit in the allegations of brand confusion. The timing of the legal action, nearly two years after Aeroitalia's establishment in July 2022, was criticized by Aeroitalia's CEO, Gaetano Intrieri, who expressed amazement that ITA Airways had waited so long to pursue the matter. Intrieri defended his airline's branding, stating that highly qualified brand management companies developed it in full compliance with characterization and differentiation criteria.

Airline Stakes Involved

ITA Airways, the Alitalia Legacy

ITA Airways emerged as Italy's new flag carrier on October 15, 2021, the day after Alitalia ceased operations following decades of financial struggles. The transition was carefully orchestrated to ensure continuity of service while establishing ITA as a legally distinct entity from its predecessor. As part of the European Commission's requirements for the airline industry restructuring, ITA Airways participated in an open tender to acquire Alitalia's brand and intellectual property rights, ultimately securing them for €90 million. This acquisition was strategic, as it provided ITA with valuable brand recognition and the potential to leverage Alitalia's historical reputation in the Italian aviation market.

The significance of the Alitalia brand to ITA Airways extends beyond mere trademark ownership. In recent months, ITA has begun incorporating Alitalia-inspired elements into its operations, including displaying the slogan "Inspired by Alitalia" on some of its aircraft as part of a long-term brand revival strategy. This approach reflects ITA's intention to eventually reintroduce the Alitalia name while maintaining its distinct corporate identity. 

The airline has undergone substantial changes since its inception, including its acquisition by the Lufthansa Group, which secured a 41% stake in January 2025 with options to increase ownership significantly over the coming years.

Aeroitalia's Position, Operations

Aeroitalia represents a relatively small player in the Italian aviation market, having commenced operations in July 2022 with a focus on domestic and short-haul European routes. The airline was founded by Francesco Gaetano Intrieri, a former consultant to Italy's Ministry of Infrastructure and Transport, along with investor Marc Bourgade as Executive Chairman. Notably, the airline's ownership structure includes involvement from Germán Efromovich, the former owner of Colombian airline Avianca and Brazilian carrier OceanAir (later Avianca Brasil), both of which experienced significant financial difficulties under his management.

Despite its relatively recent establishment, Aeroitalia has developed a modest but strategically important network, operating flights from bases in Bergamo, Comiso, and Rome-Fiumicino. The airline currently operates a fleet of 14 aircraft, including Boeing 737s and ATR 72 turboprops, and has played a role in maintaining connectivity to Italian islands through territorial continuity services. 

According to Italian Civil Aviation Authority data, Aeroitalia carried 66,072 passengers in 2022, ranking as the 81st largest airline in Italy by passenger volume, significantly smaller than ITA Airways' 10.3 million passengers.

Court Decision, Immediate Consequences

The Rome Court of Appeals delivered a comprehensive ruling that extends beyond simple name similarity, addressing fundamental concerns about consumer confusion and brand protection. 

The court found that Aeroitalia's name and visual branding elements create a "high degree of visual and phonetic resemblance" to the Alitalia brand, potentially misleading consumers and unfairly benefiting from Alitalia's established market recognition. This decision validates ITA Airways' position that protecting the Alitalia brand's integrity is essential to preserving its commercial value and preventing unauthorized exploitation.

The practical implications of the ruling are extensive and immediate. Aeroitalia must cease using its current name and logo throughout the European Union starting January 1, 2026, providing the airline with approximately six months to complete a comprehensive rebranding process. Additionally, the court ordered the airline to disable its website domain aeroitalia.com within a specified number of days of receiving the court order, with failure to comply resulting in daily fines of €1,000. These requirements represent not only financial costs but also significant operational disruption, as the airline must update all marketing materials, signage, uniforms, aircraft livery, and legal documentation across its network.

The timeline imposed by the court creates considerable pressure for Aeroitalia's management, which must balance legal compliance with maintaining business continuity. CEO Gaetano Intrieri characterized the decision as a terrible “blow for our company" while acknowledging that the brand had become important through the collective work of the organization. His response reflects both frustration with the legal system and determination to overcome the challenge, as he indicated that work on selecting a new name was already underway.

Strategic Responses, Future Implications

Aeroitalia's Potential Rebrand

Aeroitalia faces the challenging task of developing a new brand identity that maintains market recognition while avoiding further legal conflicts. The airline is reportedly considering an appeal to Italy's Supreme Court. However, the forced rebrand might also present an opportunity for international repositioning aligned with its growth vision. One potential name under consideration is "Italian Airways," which has already been registered with the EU Intellectual Property Office. However, aviation industry experts have warned that this alternative could face similar legal challenges due to its phonetic similarity to "ITA Airways," potentially creating another round of trademark disputes.

The rebranding process will require substantial investment in new visual identity development, marketing campaigns, and operational changes across the airline's network. For a smaller carrier like Aeroitalia, these costs could strain financial resources and divert attention from core business operations during a critical growth phase. The airline will need to carefully balance the desire for a distinctive Italian identity with the practical necessity of avoiding any similarities to existing aviation brands.

Broader Industry Impact

This legal precedent has significant implications for brand protection in the European aviation industry, particularly regarding the use of national or historically significant airline names. The case demonstrates that courts will rigorously enforce trademark rights even when the original brand owner is no longer in operation, provided that intellectual property has been legally transferred to a successor entity. This principle could influence how new airlines approach naming and branding strategies, encouraging more distinctive identities that avoid associations with defunct carriers.

The ruling also reinforces the commercial value of historic aviation brands, validating ITA Airways' substantial investment in acquiring Alitalia's intellectual property. For ITA Airways CEO Joerg Eberhart, the decision represents validation of the legal effort to protect the "global value" of the Alitalia brand, supporting the airline's strategy of gradually reintroducing Alitalia elements into its operations. This approach reflects a broader trend in aviation where airlines seek to leverage historical brand equity while adapting to modern market conditions.

Conclusion

The Rome Court of Appeals' decision ordering Aeroitalia to change its name represents a significant victory for brand protection in the aviation industry, validating ITA Airways' investment in acquiring Alitalia's intellectual property rights. The ruling establishes essential precedents for trademark enforcement in cases where airlines attempt to capitalize on the recognition of historic aviation brands, even when operating as distinct legal entities. 

For Aeroitalia, the decision creates immediate operational challenges and financial pressures, forcing a complete rebranding within six months while maintaining service continuity on important regional routes.

The case highlights the ongoing commercial value of the Alitalia brand, nearly four years after the original airline's closure. It supports ITA Airways' strategy of gradually reintroducing Alitalia elements as part of its long-term market positioning. As the Italian aviation market continues to evolve, with ITA Airways now integrated into the Lufthansa Group and transitioning to Star Alliance membership, this legal precedent will likely influence how new entrants approach branding and trademark considerations. 

The ultimate success of both airlines' strategies will depend on their ability to build consumer loyalty through service quality and network development, rather than relying solely on brand recognition or historical associations.