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Delta Air Lines, Inc. v. Fly Tech, LLC

United States District Court, D. New Jersey

March 29, 2018

DELTA AIR LINES, INC. Plaintiff,
v.
FLY TECH, LLC d/b/a TRIPTKT.COM a/k/a FLYAIRS.COM a/k/a 1800CHEAPAIRTICKETS.COM, et al, Defendants.

          ORDER

          MADELINE COX ARLEO, United States District Judge.

         THIS MATTER having come before the Court on Plaintiff Delta Air Lines, Inc.'s (“Plaintiff's” or “Delta's”) motion for default judgment against Defendants Fly Tech, LLC d/b/a TRIPTKT.COM a/k/a FLYAIRS.COM a/k/a 1800CHEAPAIRTICKETS.COM (“Fly Tech”), Goldendust USA Ltd. a/k/a Zucchi Travel a/k/a EASYFLIGHTDEALS.COM (“Goldendust”), and Neeru Singh Adhikari (“Adikari” and, collectively with Fly Tech and Goldendust, “Defendants”) pursuant to Federal Rule of Civil Procedure 55(b)(2), ECF No. 97; and for the reasons set forth in the Court's accompanying Opinion;

         IT IS on this 29th day of March, 2018,

ORDERED that the Defendants, individually and collectively, are permanently restrained and enjoined from:

(a) Using the name “Delta, ” any of the Delta Marks, and/or any reproduction, counterfeit, copy, or colorable imitation thereof in connection with the advertising, marketing, or provision of any sort of air transportation or travel-related services;
(b) Purchasing, using, or knowingly profiting from any Internet search engine keywords purchased from any third party that included the name “Delta, ” any of the Delta Marks, and/or any reproduction, counterfeit, copy, or colorable imitation thereof;
(c) Making any statement or representation in any medium, whether oral or written, to the effect that any Defendant was or is:
1) Affiliated with Delta;
2) An agent, partner, or contractor of Delta; and/or
3) Otherwise acting on behalf of Delta or with the authorization, approval, consent, or ratification of Delta; and
(d) Participating in, aiding, abetting, enabling, encouraging, ratifying, assisting in, profiting from, inducing, conspiring to carry out, directing, contracting for, and/or otherwise contributing to the commission of any act that would be a violation of this Order if performed or carried out by an enjoined person or entity; and it is further

         ORDERED that “Delta Marks” means and includes the following registered marks, all of which are solely owned by Delta:

Reg. No.

Mark

Registration Date

0523611

DELTA AIR LINES

April 4, 1950

0654915

DELTA

November 19, 1957

0802405

DELTAMATIC

January 18, 1966

0963228

DELTA AIR LINES (IN OVAL LOGO)

July 3, 1973

0970418

DELTA AIR LINES

October 9, 1973

1428763

DELTA CONNECTION

February 10, 1987

703774

DELTA SHUTTLE

July 28, 1992

1733703

DELTA CENTER

November 17, 1992

1740294

DELTA CENTER (WITH WIDGET LOGO)

December 15, 1992

2058985

DELTA & 1960 AIRCRAFT DESIGN

May 6, 1997

2408003

DELTA VACATIONS

November 28, 2000

2662451

DELTA AIRELITE

December 17, 2002

2980826

DELTA CONNECTION

August 2, 2005

3890727

DELTA SKY CLUB

December 14, 2010

3994004

DELTA ASSIST

July 12, 2011

0704103

WIDGET LOGO

September 6, 1960

1143697

WIDGET (OPEN)

December 16, 1980

2556013

WIDGET LOGO

April 2, 2002


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