Most important decisions we make will affect others, and with those choices can come repercussions. This also applies to corporations, which often have to answer to shareholders and the court of public opinion for their controversial courses of action. Getting roasted online can be damaging enough, but being mocked on the 672 square feet of a billboard is difficult to ignore. If there are two of them, it's twice as hard.
Seth Miller, a New Hampshire state lawmaker and aviation journalist, was outraged by Avelo Airlines' decision to accept deportation flight charters for the federal government. His response of posting billboards lambasting Avelo's choice was met with threats of legal action by the airline and capitulation by the billboard company to take the ads down. That only made Miller angrier.
On May 16, 2025, Miller and Proton Associates LLC filed a four-count complaint against Avelo, requesting a jury trial to refute the airline's claims of trademark infringement and seek relief for tortious influence. Miller wants the billboard postings back up, while Avelo wants them down. Seems like the skies just got unfriendly.
Not Exactly a Vacation Spot
Tiny airlines like Avelo can be found up and down the coasts of the United States, usually ferrying vacationers to and from popular locations. Most operate out of small airports and survive on the overflow of travelers looking to avoid the chaos of the major hubs.
After it was announced that Avelo would begin deportation flights for the Trump administration, Miller decided he couldn't sit by silently. An online fundraising campaign to boycott Avelo garnered about $6,000, which Miller used to rent a pair of billboards close to Avelo's main airport, Tweed New Haven in Connecticut.
The signs included a modification to Avelo's logo to "AvelNO!" and the statement, "Does your vacation support their deportation? Just say AvelNO!" They went up on May 5, 2025. Four days later, Miller's lawsuit claims he received a letter from Avelo's attorney that alleged trademark infringement, unfair competition, and stated that there had been reports of "instances of actual confusion" about the billboards from their customers.
Threatening to file suit to claim damages of $150,000 per instance of infringement, the letter demanded that Miller have the billboards taken down by the end of the week. Refusing to back down, Miller instead hired an attorney. However, his plans to stand his ground we undermined by Lamar, the billboard company, reacting to a similar letter from Avelo by pulling Miller's ads down.
Miller pivoted to file suit against Avelo instead. His goal is to have the images restored.
But I'm Not Selling Anything
In his suit, Miller refutes Avelo's claims of copyright infringement due to the airline not owning the copyright of the picture he used, which was taken by a third party he hired. He also states that his alteration of the Avelo logo is an obvious parody and wouldn't confuse any reasonable person. Since his billboard and linked website don't offer any goods or services, Miller claims he's not guilty of dilution through tarnishment.
Lamar stated they removed Miller's billboards to avoid being part of a legal battle. Under their Copy Acceptance Policy, Lamar advocates using their medium for "political, editorial, public service, and other noncommercial messages." They also reserve the right to refuse posting copy that's misleading, fraudulent, deceptive, or shows a pattern of creating negative impressions of other entities. Lamar did not object to Miller's submission for his billboards.
In a statement by Avelo's owner, the airline took the government contract because it needed the income. As of May 2025, Avelo's flight schedule for Tuesdays has been reduced to a single commercial flight.
Miller claims that Avelo's actions violate his First Amendment right to free speech. Those who agree with his opinion of Avelo's decision include the Governor of Connecticut, the New Haven Immigrants Coalition, and the union that represents Avelo's flight attendants. A court date has yet to be set.
Related Resources
- Copyright Law (FindLaw's Intellectual Property Law)
- What Is Aviation Law? (FindLaw's Learn About the Law)
- Marketing and Advertising Laws (FindLaw's Small Business Law)
