Alaska Airlines has formally requested a Georgia federal judge’s approval to obtain discovery from Delta Airlines in connection with an ongoing trademark dispute in the United Kingdom involving Virgin Group.
The discovery request aims to gather crucial evidence for Alaska Airlines’ U.K. court case against Virgin Group, which alleges that Virgin is unjustly demanding millions of dollars in royalties while competitors continue to benefit from the Virgin brand.
Alaska Airlines acquired Virgin America in 2016 and subsequently retired the Virgin brand in 2019 after transitioning loyal customers to the Alaska family. Despite this, Virgin Group has claimed that Alaska owes $10 million annually in royalties until 2039 under a trademark licensing agreement. A London court upheld this claim in 2023, affirming Alaska’s obligation to pay despite no longer using the Virgin brand.
Alaska Airlines’ petition highlights that Delta Airlines, though not a party to the U.K. case, owns 49% of Virgin Atlantic and is allegedly engaged in trademark-infringing activities by selling domestic Delta flights through the Virgin Atlantic website. Alaska contends that Delta likely possesses key evidence relevant to the case.
“Step back and the scheme comes into focus: Alaska is being forced to pay ten million dollars a year so that competitors can use the Virgin brand to compete with Alaska,” the petition states.
Alaska Airlines maintains that the alleged infringement by Delta should terminate Virgin Group’s licensing agreement and any right to royalties. The company asserts that its discovery requests to Delta are “tailored and reasonable” and consistent with U.K. courts’ approval of evidence obtained via similar procedures.
Delta Airlines has not yet responded to requests for comment.
Legal representation for Alaska Airlines includes Aaron Danzig of Arnall Golden Gregory LLP, and Sean Hecker, John Quinn, and Katherine Epstein of Hecker Fink LLP.
The matter is currently before the U.S. District Court for the Northern District of Georgia in case number 1:25-mi-99999.
