The insolvency administrator of the former airline Montenegro Airlines has now filed the third lawsuit against the state successor Air Montenegro for alleged infringements of trademark rights. This time it's about the uniforms of the flying personnel.
In the aftermath of insolvencies, it happens again and again that flight attendants, for example, temporarily wear the uniforms of the previous employer at their new employer. At Eurowings, for example, former Air Berlin cabin workers wore the uniforms of the insolvent airline. A recent example is ITA Airways, as most flying staff still wear Alitalia clothing.
It was similar at Air Montenegro, with almost all pilots and cabin crew still wearing their Montenegro Airlines uniforms. This does not suit the insolvency administrator at all, because he not only sees this as a violation of trademark law, but also takes the view that the uniforms are the property of Montenegro Airlines. Thus, the clothes would be part of the bankruptcy estate.
The lawsuit brought is also based on clauses in the employment contracts. These state, among other things, that the uniforms are the property of Montenegro Airlines and must be returned when leaving the company. In the course of the cessation of operations, however, it was quite chaotic, because numerous employees had not received any wages for several months.
The lawsuit is not against individual employees, but against the state-owned successor, Air Montenegro. The legal action is primarily based on trademark law. In this context, the insolvency administrator has already filed two other lawsuits. Among other things, they accuse Air Montenegro of "copying" the logo.