San Francisco’s City Attorney sent a letter to the Port of Oakland Commission Monday, threatening legal action if it persisted with its plan to change the name of the city’s airport. Terry McSweeney reports.
A dispute over a name threatens to pit the Port of Oakland and San Francisco against each other in litigation.
San Francisco City Attorney David Chiu on Monday fired off a letter to the Port of Oakland Commission, threatening legal action if the port persisted in its plan to change the name of Oakland's airport to "San Francisco Bay Oakland International Airport."
Chiu called out the plan for its potential for confusion and noted it was a particularly acute problem for an "audience of international travelers" who may not speak or read English.
According to Chiu, the port's action appeared to be designed to "intentionally divert travelers who may be unfamiliar with the relevant geography...."
Chiu asked the port to reconsider its direction and work in collaboration with San Francisco.
However, Chiu made clear that there was a steel fist inside the velvet glove: "If the Port of Oakland instead elects to proceed with the proposed name change, then unfortunately the City will have no choice other than to pursue necessary legal action."
The legal action, according to Chiu, would include trademark infringement and dilution claims under federal and state law.
To make clear that his letter was not just a lawyerly maneuver, Chiu's letter attached a resolution adopted by the board of supervisors that "urgently requested" the port to reject any name change that included "San Francisco" in the title.
The resolution was included as part of the board's "Imperative Agenda" so it could be considered, voted on, and approved that same day. That agenda was reserved for matters where "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred."
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Among the identified problems that a name change would cause, according to the resolution, were confusion of the traveling public, potential for expensive mis-delivery of goods, and the violation of San Francisco's trademarks.
The board closed the resolution stating that it was "committed to collaborating across the Bay to uplift the collective and mutual best interests of all its Bay Area neighboring cities, including Oakland..."
Chiu's letter also attached a similar entreaty to the port by San Francisco Mayor London Breed, who emphasized the "stellar brand" of the San Francisco International Airport or SFO. She wrote that 50 million passengers used the airport in 2023 where they experienced the significant upgrades and improvements that have been undertaken at SFO over many years.
Her letter closed by stating that "Oakland is a great city with a rich history.... It is rich in culture and wonderful people and has its own unique identity. It does not need the name San Francisco as part of its airport to stand out."
Jen Kwart, a spokesperson for the San Francisco City Attorney, resisted the suggestion that the Chiu's letter might seem heavy-handed.
She pointed out that "tourism is a vital part of the City's economy. The travelers, especially those with limited-English proficiency, who will inevitably end up at the wrong airport if Oakland moves forward with this proposal, may not think this is trivial."
She went on to emphasize that the city does not seek litigation, "We have reached out to Oakland and are ready to discuss an alternative.... Litigation is a last resort and we hope to avoid it but we will resort to it if we have to. We could all avoid litigation if the Port of Oakland abandons this current proposed renaming plan."
A port spokesperson responded to an inquiry about the letter, stating "the proposed name modification will clarify, not confuse. The new name identifies where OAK is actually located, which is on the San Francisco Bay."
She continued, "if the proposed name modification is approved by the Board, the Port will take all appropriate measures to defend its right to use this accurate geographic identifier."
The Port of Oakland Board of Port Commissioners is scheduled to meet to consider and act on the name change proposal at a public meeting on 3:30 PM on Thursday.
