9 January 2018

Delta trademark case closed after notice of dismissal

A trademark case brought by Delta Airlines has been closed after the company filed a dismissal notice against unknown defendants.

The US airline initially filed a complaint (pdf) for trademark infringement at the US District Court for the Northern District of Georgia Atlanta Division in September 2017. Delta asked for an injunction and damages.

The claim was made after the defendants allegedly sold airfares and travel services to the general public while making unauthorised use of Delta’s name and trademarks, resulting in “irreparable harm” to Delta.

It was alleged that the defendants pretended to be Delta by operating a website and call centre where they intentionally deceived customers into believing they were doing business directly with Delta.

“Defendants were at all time aware, and in fact intended, that their acts would cause damage to Delta in Georgia, which is the headquarters, nerve centre, and principle base of Delta’s worldwide operations,” said the claim.

Although the identity of the defendants is unknown to Delta, the airline sought to identify them.

However, on Friday, January 5, Delta filed a notice of dismissal (pdf) without prejudice. The notice read: “Plaintiff represents that the docket reflects that no defendant has appeared in this matter and no party has served either an answer or a motion for summary judgment.”

The court then terminated the case on the same day.

In 2015, WIPR reported that Delta sued an unnamed travel company on similar grounds. The airline alleged that the defendant was using its logo and name without the authorisation of Delta to sell holiday packages.

Delta generates over $36 billion in annual revenue and provides travellers with 330 destinations across 65 countries.

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More on this story

17 December 2015   US airline Delta has sued an unnamed travel company for allegedly using its logo and name without authorisation to sell holiday packages.
9 February 2018   Airline Delta has hit a website that buys Delta-branded gift cards and gift codes with a trademark infringement claim.