Home » Airlines News of United States » United States–United Kingdom Aviation Dispute Deepens as Delta Air Lines Is Accused of Withholding Evidence in Alaska Airlines Trademark Case
Published on
December 20, 2025
A complex legal dispute with far-reaching implications for United States and United Kingdom aviation, travel, and tourism markets has intensified as Delta Air Lines is accused of obstructing access to key evidence sought by Alaska Airlines. The matter is closely linked to a trademark conflict involving Virgin Group, Virgin Atlantic, and the legacy rights associated with Virgin America, a brand once central to U.S. domestic air travel. At the heart of the controversy is the alleged use of Virgin-branded loyalty channels to promote and sell Delta-operated domestic flights within the United States, activity that Alaska Airlines maintains infringed on its exclusive trademark rights acquired through its 2016 merger.
The dispute is unfolding across jurisdictions, with litigation continuing in the United Kingdom while discovery efforts are being pursued in U.S. courts under Section 1782. The outcome may shape how airline partnerships, loyalty programs, and cross-border branding arrangements are structured in the future. For travelers, particularly frequent flyers navigating loyalty ecosystems between the United States and the United Kingdom, the case highlights the growing legal scrutiny surrounding branding, ticket sales, and customer engagement strategies. As airlines increasingly rely on global alliances and shared platforms to attract tourism flows, the resolution of this case is being closely watched by industry stakeholders on both sides of the Atlantic.
Allegations of Withheld Evidence in a Transatlantic Aviation Dispute
Delta Air Lines has been accused of resisting the disclosure of documents that Alaska Airlines considers essential to its ongoing trademark litigation in the United Kingdom. The dispute is rooted in Alaska Airlines’ claim that Virgin Atlantic enabled trademark-infringing conduct by allowing loyalty members to redeem points for Delta-operated domestic flights within the United States. These services reportedly involved major travel hubs such as Seattle and Atlanta, both key gateways for domestic and international tourism.
Although Delta Air Lines is not formally a party to the United Kingdom lawsuit, it has been argued by Alaska Airlines that the carrier holds vital commercial and operational records. These materials are believed to detail how Virgin-branded loyalty redemptions were structured and how revenue may have been generated from U.S. domestic travelers. Alaska Airlines has asserted that such evidence could demonstrate when the alleged infringement began and how broadly it affected the competitive travel landscape.
Alaska Airlines’ Position on Discovery and Competitive Impact
Approval was granted by a U.S. court for Alaska Airlines to seek discovery from Delta Air Lines for use in the United Kingdom proceedings. This authorization followed Alaska’s assertion that Virgin Atlantic had marketed Delta-operated flights under the Virgin brand, despite Alaska holding exclusive rights tied to the former Virgin America trademarks in the United States.
It has been emphasized that the discovery request was narrowly focused on the Virgin Atlantic Flying Club program and its use in selling U.S. domestic travel. According to Alaska Airlines, these activities may have redirected passengers, loyalty engagement, and tourism-related spending toward Delta’s network. The potential diversion of travelers, particularly frequent flyers, has been described as commercially significant in competitive markets such as Seattle, a city with strong ties to both domestic and international tourism.
Delta Air Lines’ Objection to the Subpoena
Delta Air Lines has formally opposed the subpoena, arguing that the request for documents and testimony was overly broad. The carrier has sought permission from the court to file a motion to quash the subpoena in its entirety. Alaska Airlines has rejected this characterization, maintaining that the information requested is directly relevant to the alleged infringement and the resulting financial benefits.
The legal process remains ongoing, with a ruling expected either through the joint court filing or following further briefing and a potential hearing. The outcome of this procedural battle may determine whether detailed records of loyalty sales, coordination between airline partners, and revenue flows are brought into evidence.
Origins of the Trademark Conflict
The roots of the dispute trace back to Alaska Airlines’ 2016 acquisition of Virgin America, a move that reshaped competition in the United States aviation market. As part of the transaction, Alaska obtained a trademark license granting exclusive rights to use the Virgin brand on domestic U.S. flight operations. This exclusivity was viewed as a valuable asset, particularly for attracting travelers drawn to the Virgin brand’s reputation.
In 2019, the Virgin America brand was retired, and Alaska Airlines stopped paying royalties under a clause allowing suspension if the trademarks were no longer in use. Virgin Group challenged this interpretation in the United Kingdom, where courts ruled that minimum royalties remained payable due to the continuing value of the exclusive rights.
Discovery of Virgin Atlantic’s Loyalty Activities
During the United Kingdom litigation, Alaska Airlines became aware that Virgin Atlantic had been promoting Delta-operated domestic flights under the Virgin brand through its Flying Club loyalty program. This discovery prompted further legal action, as Alaska argued that such activity undermined the exclusivity it had paid for and violated the terms of the trademark license.
A separate breach claim was subsequently initiated in the United Kingdom, asserting that the trademark license had been terminated due to Virgin’s conduct. Damages were also sought, with the potential to offset or recover previously paid royalties. These developments have added another layer of complexity to an already multifaceted transatlantic dispute.
Role of Loyalty Programs in Modern Travel and Tourism
Flying Club members were reportedly able to use earned or transferred points to book Delta-operated domestic flights within the United States. Points could be accumulated through partner airlines, co-branded credit cards, and Virgin Group’s wider loyalty ecosystem. Such programs play a crucial role in modern travel and tourism, influencing traveler choices and fostering brand loyalty across borders.
Alaska Airlines has argued that this setup provided commercial benefits to both Virgin and Delta while leveraging trademarks that Alaska was contractually entitled to control in the U.S. market. The case has therefore drawn attention to how loyalty programs intersect with trademark rights, particularly in an era of global airline alliances.
Competitive Context Between Alaska and Delta
The dispute has also been viewed against the backdrop of a competitive history between Alaska Airlines and Delta Air Lines. Their partnership was terminated shortly after Alaska’s merger with Virgin America, followed by Delta’s expansion in Seattle. This competitive dynamic has heightened scrutiny of any arrangements perceived as shifting market share or influencing traveler behavior.
Seattle’s importance as a tourism gateway, connecting domestic U.S. travelers with international destinations, has underscored the broader travel implications of the case. Decisions affecting branding and loyalty in such hubs may resonate across the tourism industry.
Section 1782 Proceedings and Future Implications
Alaska Airlines filed its Section 1782 application in July 2025, with approval granted in October 2025. The subpoena was served in December 2025, and Delta’s objection soon followed. The evidence sought is expected to play a role in how the United Kingdom court evaluates the scale and impact of the alleged infringement.
As the litigation continues, the case is being closely monitored by airlines, tourism bodies, and frequent travelers in both the United States and the United Kingdom. The resolution may influence future approaches to branding, loyalty integration, and cross-border airline cooperation in a global travel market increasingly shaped by legal accountability.
Tags: trademark, United States
