FEDERAL JUDGE UPHOLDS JURY AWARD FOR AMERICAN IN COPYRIGHT LAWSUIT AGAINST AIRFARE SEARCH ENGINE
June 27, 2025
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On May 6, 2025, the U.S. District Court for the Northern District of Texas (the “Court”) upheld a $9.4 million jury award for American against airfare search engine Skiplagged (i.e., an online service which enables customers to locate cheaper fares by “skipping” part of their flight itinerary) after the Court ruled in August 2024 that Skiplagged infringed on American’s copyrighted booking content. While the jury initially returned a verdict finding Skiplagged liable for $23.7 million in damages, the award was mitigated down to $9.4 million because the jury found that American failed to mitigate its infringement damages. In other words, the jury award was reduced because American did not take affirmative steps to mitigate financial losses stemming from Skiplagged’s infringement. In the end, the Court entered judgment in American’s favor for $9.4 million and permanently enjoined Skiplagged from displaying American’s copyrights on its website. It is important to note that if a copyright owner fails to minimize the damage caused by the alleged infringement, most federal courts will find that actual damages can be reduced or even eliminated in their entirety depending on the circumstances. Copyright holders should seek counsel upon notice of the infringement such that any lost profits and/or other financial losses could be fully recoverable depending on the facts alleged and the applicable copyright laws.
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