Delta, Marriott trademark lawsuit overview:
- Who: Delta Air Lines filed a lawsuit against Marriott International Inc.
- Why: Delta claims Marriott is infringing on its intellectual property with the hotel chain’s “Delta Hotels,” brand, which Delta argues Marriott has attempted to pass off as being associated with the airline.
- Where: The lawsuit was filed in the High Court of Justice of England and Wales.
Delta Air Lines claims the Marriott hotel chain has been attempting to pass off its “Delta Hotels” branded hotels as being associated with the popular US airline, despite a previous ruling by the High Court that cut down on some of Marriott’s trademark protections.
The airline argues Marriott, after acquiring a Canadian hotel company by the name of “Delta Hotels and Resorts” in 2015, changed the branding of the hotel so it would be closer to that of Delta, allegedly as a way to confuse consumers, reports Law360.
Marriott, Delta claims, changed the color scheme of the Delta Hotels and Resorts to a darker blue while adopting a sans-serif font, changes Delta argues were a “case of deliberate mimicry” meant to push along the hotel’s expansion outside of Canada.
The airline previously opposed a 2020 attempt by Marriott to secure a trademark protection for the word “Delta,” with the U.K. Intellectual Property Office siding with Delta in part by excluding protections for the terms “Hotel Services” and “Retail Stores,” reports Law360.
Delta asks High Court to get rid of existing trademark protections granted to Marriott for its ‘Delta Hotels’ brand
Marriott appealed the IP office’s decision to the High Court, however the decision was upheld in February 2023, with the High Court reportedly determining a co-existence agreement signed by Delta and Marriott did not give the latter the ability to register the protections it wanted.
Delta is now asking the High Court to get rid of the rest of the trademark protections granted to Marriott for its “Delta Hotels” brand, reports Law360.
Marriott, despite the challenges by Delta, has reportedly expanded its Delta Hotels brand by opening at least 23 new locations since the IP office’s decision to cut back on the hotel chain’s trademarks, according to the airline.
Delta, which claims to have suffered damages in an estimated excess of £10 million, is asking the High Court to rule that Marriott infringed on its intellectual property and to “at least partially” invalidate the hotel chain’s trademarks for the Delta Hotels name, reports Law360.
In other news involving Marriott, the Information Commissioner’s Office fined the hotel chain £18.4 million in late 2020 after millions of consumers had their private information compromised during a 2014 data breach.
Were you under the impression Marriott’s ‘Delta Hotels’ brand was associated with Delta Air Lines? Let us know in the comments.
Delta is represented by Simon Malynicz KC of Hogarth Chambers and Iona Berkeley of 8 New Square, instructed by Kirkland & Ellis International LLP.
The Delta, Marriott trademark lawsuit is Delta Air Lines Inc. v. Marriott International Inc., et al., Case No. IL-2023-000189, in the High Court of Justice of England and Wales.
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