United Airlines Files to Block United Nigeria's U.S. Flight Application

Chicago-based United Airlines has formally requested that the U.S. Department of Transportation (U.S. DOT) deny an application from United Nigeria Airlines to operate flights to the United States. The objection centers on claims of potential brand confusion, trademark infringement, and unfair competition, escalating a long-standing legal dispute between the two carriers into the regulatory sphere.

The filing with the U.S. DOT represents a significant hurdle for United Nigeria's international expansion plans. The Nigerian carrier is seeking a Foreign Air Carrier Permit, a necessary economic authority for any non-U.S. airline to serve the country. United Airlines' opposition argues that the similarity in names could lead to public confusion and negatively impact its brand, which it has actively protected in Nigeria.

The Core of the Dispute

United Airlines' objection is rooted in a trademark it has held in Nigeria for the names "United" and "United Airlines" since 2010. The U.S. carrier asserts that it has been in active litigation in the Federal High Court of Nigeria since 2021 to prevent United Nigeria Airlines from using a similar brand identity. In its U.S. DOT filing, United Airlines stated that approving the application would enable “misidentification, misunderstanding and deception” in the marketplace.

United Nigeria Airlines, established in 2020, received its Air Operator's Certificate (AOC) on February 1, 2021, from Nigerian authorities. The airline received approval from Nigeria's Federal Ministry of Aviation and Aerospace Development in September 2023 to launch international services to several countries, including the U.S. and the UK. To facilitate its proposed U.S. operations, specifically a Lagos-New York route, United Nigeria plans to wet-lease an Airbus A330 from Turkish operator Air Anka. United Airlines also voiced its objection to this wet-lease arrangement as part of its filing.

Fleet and Market Context

The two airlines operate on vastly different scales. According to fleet data, United Airlines operates one of the world's largest fleets, with over 1,000 aircraft in its mainline and regional operations. In contrast, United Nigeria Airlines began operations with four 50-seater Embraer ERJ-145LR aircraft and currently has a fleet of 5 aircraft. However, the Nigerian carrier has announced plans to expand its fleet to 11 aircraft by the end of the second quarter of 2026.

The U.S.-Nigeria air travel market is currently served by two U.S. carriers. Delta Air Lines operates a route between Atlanta and Lagos, while United Airlines connects Lagos with its hub at Washington Dulles International Airport. The entry of a Nigerian-flagged carrier would introduce new competition on these routes.

Regulatory and Legal Precedent

For United Nigeria to proceed, it must secure both economic authority from the U.S. DOT, as governed by 14 CFR Part 211, and safety authority from the Federal Aviation Administration (FAA). United's objection targets the initial economic authority stage.

Airline trademark disputes, while not frequent, have historical precedent. A notable case is American Airlines, Inc. v. North American Airlines, Inc. (1956), where the U.S. Supreme Court affirmed that substantial public confusion resulting from similar names could be considered a form of unfair competition. This legal history may inform the DOT's evaluation of United's claims regarding potential market confusion.

What Comes Next

The U.S. DOT will now review United Nigeria's application alongside the formal objection filed by United Airlines. The department must weigh the terms of the Bilateral Air Services Agreement (BASA) between the U.S. and Nigeria against the arguments of potential consumer harm and trademark infringement. A decision timeline has not been disclosed. The outcome will determine whether United Nigeria can proceed with its planned U.S. expansion, which is a key part of its growth strategy.

Why This Matters

This case highlights the intersection of international air service rights and intellectual property law. The U.S. DOT's decision could set a precedent for how it evaluates applications from foreign carriers with names similar to established U.S. airlines. For the U.S.-Africa aviation market, the outcome will influence the competitive landscape and the ability of new African carriers to enter and compete on transatlantic routes.

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