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.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories
En banc Fed Circuit: PTAB decisions on timeliness can be appealed
Oracle’s copyright victory against Rimini upheld
EPO and Canada extend PPH pilot
DLA Piper names IP practice co-chair
Alston & Bird promotes six IP lawyers to partner
Complete our Reader Survey and tell us what you think about WIPR for a chance win a corporate subscription worth £2450.
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk