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The Honolulu Advertiser
Posted on: Wednesday, November 19, 2008

Aloha set to auction trademarks

By Erik Larson
Bloomberg News Service

Hawaii news photo - The Honolulu Advertiser

Aloha Airlines Inc. has won court approval to auction off intellectual property on Dec. 2. The company, which stopped passenger flights last spring, is liquidating in its second bankruptcy in three years.

ADVERTISER LIBRARY PHOTO | March 20, 2008

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NEW YORK — Aloha Airlines Inc., the Hawai'i carrier liquidating in its second bankruptcy in three years, won court approval to auction intellectual property for at least $525,000 to bidders including private-equity firm Yucaipa Cos.

The Dec. 2 auction, which includes dozens of trademarks, nine Internet domain names and three designs for painting aircraft exteriors, was approved yesterday by U.S. Bankruptcy Judge Lloyd King.

Yucaipa, the so-called stalking-horse bidder led by billionaire investor Ron Burkle, is Aloha's majority investor and second-lien creditor. The Los Angeles-based firm agreed to pay $25,000 cash and reduce its claims in the case by $500,000.

Competing bids in $50,000 increments must be received by Nov. 26, according to the ruling. King scheduled a Dec. 3 hearing to consider approval of the auction results. The court order didn't reference any known competing bidders.

King in June approved Yucaipa's offer to buy Aloha's stake in a lawsuit against Mesa Air Group Inc. for $10 million. The 2007 case accused Phoenix-based Mesa of misusing Aloha's confidential passenger and pricing data to create a competing Hawai'i carrier named go!

Aloha in May won court approval to sell its profitable cargo unit to Seattle-based shipping firm Saltchuk Resources Inc. for $10.5 million.

Aloha stopped passenger flights 10 days after its March 30 Chapter 11 bankruptcy filing. The company blamed its collapse on rising fuel costs and a passenger-fare price war triggered by Mesa's competing airline. The reorganization case was later converted to Chapter 7 liquidation.