The mark consists of the trade dress of the exterior of the airplane itself which consists of (a) certain specified distinctive colors and designs applied to portions of the surface of the plane, and (b) the lower case letter "i" appearing within a circle on the vertical stabilizer/rudder, "independence air" appearing on the top of the fuselage and "flyi.com" appearing on the nose. The designated colors Pantone 2738 C (dark blue), Pantone 2925 (light blue) and bright white are claimed as features of the mark. The dark blue appears on the anterior portion of the jet engines, the horizontal stabilizers, the winglets, in the dot of the "i" on the vertical stabilizer, in "independence air" and as the "i" in "flyi.com"; the light blue appears on the vertical stabilizer and rudder, the posterior portion of the fuselage, in circles around the passenger windows, and outlining the hatches; in "flyi.com" (but for the "i") and as the lower portion of the "i" featured on the vertical stabilizer/rudder; the bright white appears on the remainder of the aircraft. Beginning at the posterior portion of the fuselage, a pattern of white circles begins to emerge from the bright white background which is imprinted over the light blue background until the circles appear to disappear and only the light blue background remains. The broken lines are used to illustrate the outline of the airplane which is not claimed as a feature of the mark itself.