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Skiplagged Inc. v. Southwest Airlines Co.

Suit Against Airline Is Dismissed as Improper Anticipatory Declaratory Judgment Action

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OPINION AND ORDER Between June 8 and July 1, 2021, Southwest Airlines Co. sent Skiplagged, Inc. three cease-and-desist letters alleging breach of contract, trademark infringement, and violations of federal and Texas law. The day after the last of those letters, Skiplagged filed this suit seeking a declaratory judgment that it did not engage in any illegal activity with respect to Southwest’s allegations. Southwest then filed suit against Skiplagged in the Northern District of Texas and moved to dismiss Skiplagged’s action in New York. Because Skiplagged’s suit is an improper anticipatory declaratory judgment action, and thus falls within an exception to the typical rule that the firstfiled suit proceeds, the Court grants Southwest’s motion to dismiss. I. Background1 Skiplagged is a “free internet travel information service.” Complaint 1. Incorporated in Delaware and headquartered in Manhattan, id. 3, Skiplagged describes itself as a website which “does not directly sell [Southwest] airline tickets, but rather directs users to other sites to complete purchases for which Skiplagged is paid commissions,” Dkt. 13 at 3. Southwest, an airline, is incorporated in Texas and headquartered in Dallas. Complaint

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