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Delta Air Lines subpoenaed by Alaska Airlines amid dispute over former Virgin America trademarks

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Delta Air Lines subpoenaed by Alaska Airlines amid dispute over former Virgin America trademarks
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Webp alaska airlines
Alaska Airlines | Official Website

Delta Air Lines has been subpoenaed by Alaska Airlines in a legal dispute over trademark rights connected to the Virgin America brand. The disagreement centers on advertising and partnership activities involving Delta, Virgin Atlantic, and the Virgin Group.

Alaska Airlines issued the subpoena as part of its ongoing litigation with the Virgin Group. Alaska claims that Delta possesses information relevant to its case, specifically regarding alleged violations of Alaska’s rights to the discontinued Virgin America brand. According to Alaska, Virgin has advertised for Delta in ways that infringe upon those rights.

Alaska acquired the North American operations of the Virgin Group in 2016, including rights to the Virgin America name. The airline argues these rights should prevent Virgin from working with Delta on joint business or advertising at major airports where Alaska operates, such as Seattle-Tacoma International Airport (SEA). Delta holds a 49% stake in United Kingdom-based Virgin Atlantic; the remaining 51% is owned by the Virgin Group.

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The three airlines—Alaska, Delta, and Virgin—are now competitors after previously cooperating. In court documents obtained by Atlanta News First, Alaska stated: “This application arises in the context of a decade-long trans-Atlantic scheme that harms competition, flouts regulatory directives, and necessitates discovery of critical evidence uniquely in Delta’s possession.”

After merging with Virgin America in 2018, Alaska ceased using the brand name within a year and stopped paying royalties for it. However, a UK court ruled that Alaska was still required to pay royalty fees to the Virgin Group despite ending use of the name. This led to ongoing litigation between Alaska and the Virgin Group about whether Alaska could unilaterally end royalty payments while retaining trademark rights.

Brown Rudnick reported that while Alaska argued it could stop using—and paying for—the brand at any time, the Virgin Group contends payment is necessary to keep trademark rights. The original merger agreement did not allow unilateral termination of licensing by Alaska according to court filings.

Alaska Airlines has recently expanded through a merger with Hawaiian Airlines and continues acquiring new Boeing 737 MAX aircraft following an incident involving a door plug failure in 2024. The airline is increasing capacity at Seattle-Tacoma International Airport as it seeks growth across domestic and international markets on the US West Coast.

It remains uncertain when or how this legal contest among Alaska Airlines, Delta Air Lines, and the Virgin Group will be resolved or what impact it may have on competition within US commercial aviation.

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