Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
Southwest v. MySouthwestCheckin.com

Southwest v. MySouthwestCheckin.com

Ratings: (0)|Views: 3,252 |Likes:
Published by DallasObserver

More info:

Published by: DallasObserver on Feb 28, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/02/2014

pdf

text

original

 
I
N THE
U
NITED
S
TATES
D
ISTRICT
C
OURT
 
FOR THE
N
ORTHERN
D
ISTRICT OF
T
EXAS
 D
ALLAS
D
IVISION
 
S
OUTHWEST
A
IRLINES
C
O
.,Plaintiff,v.SW
 
S
OFTWARE
D
EVELOPMENT
,
 
LLC,Defendant.C
IVIL
A
CTION
N
O
.
 
3:12-
CV
-591 J
URY
T
RIAL
D
EMANDED
 
O
RIGINAL
C
OMPLAINT
 
Plaintiff Southwest Airlines Co. (“Southwest”) seeks injunctive relief and damagesagainst Defendant SW Software Development, LLC (“SW Software”) under the laws of theUnited States and the State of Texas, and states as follows:
Nature of the Action
1.
 
Southwest provides online travel reservation services, online flight check-in, andrelated services through its website, Southwest.com. Southwest.com is one of the country’s mostvisited travel web sites, with millions of visits per month. Many of Southwest's bookings aremade through Southwest.com, and a significant percentage of Southwest customers useSouthwest.com for online flight check-in. The smooth and secure operation of the web site isvital to Southwest and to the people who rely on the airline’s online service offerings.2.
 
Defendant owns and operates an unauthorized automatic flight check-in servicethat is solely directed to Southwest’s customers, and uses an automated process to circumventSouthwest’s authorized online check-in procedures. Defendant profits from this unauthorized
Case 3:12-cv-00591-G Document 1 Filed 02/27/12 Page 1 of 29 PageID 1
 
 
O
RIGINAL
C
OMPLAINT
Page
2
2799704.1
 
service by charging Southwest’s customers a fee for using Defendant’s software, at the expenseof Southwest, and to the detriment of Southwest’s customers.3.
 
Southwest seeks injunctive relief and monetary damages against Defendant basedon Defendant’s unauthorized use of Southwest’s website in connection with Defendant’ssoftware and unauthorized early check-in service. Defendant chose to ignore Southwest’srepeated requests to cease these wrongful activities, thus necessitating the present lawsuit. As aresult, Southwest has suffered, is suffering, and unless preliminary and permanent relief isentered by this Court, will continue to suffer ongoing harm due to Defendant’s conduct.
Parties
4.
 
Plaintiff Southwest Airlines Co. is a Texas corporation with its principal place of business in this District, at 2702 Love Field Drive, Dallas, Texas 75235.5.
 
Defendant SW Software Development, LLC is an Arizona corporation with itsprincipal place of business at 42043 W Anne Lane, Maricopa, Arizona 85138.
 Jurisdiction
6.
 
This Court has subject matter jurisdiction over the federal statutory claim in thisaction pursuant to 28 U.S.C. § 1331.7.
 
This Court also has subject matter jurisdiction over the claims in this actionpursuant to 28 U.S.C. § 1332 because there is complete diversity between the parties and theamount in controversy exceeds $75,000.8.
 
This Court has supplemental jurisdiction over the claims in this Complaint that
Case 3:12-cv-00591-G Document 1 Filed 02/27/12 Page 2 of 29 PageID 2
 
 
O
RIGINAL
C
OMPLAINT
Page
3
2799704.1
 
arise under the laws of the State of Texas pursuant to 28 U.S.C. § 1367(a), because the state lawclaims are so related to the federal claims that they form a part of the same case or controversyand derive from a common nucleus of operative facts.9.
 
This Court has personal jurisdiction over Defendant because it has purposefullydirected its unlawful acts to this forum, committed torts in this District, breached a contractentered into in this District, and violated Texas statutory law in this district.10.
 
Upon information and belief, Defendant has purposefully availed itself to theforum by entering into one or more contracts with residents of the State of Texas, knowing that itwould receive commercial gain through such contracts.11.
 
Upon information and belief, Texas consumers interact with Defendant’sMySouthwestCheckIn.com website and have downloaded Defendant’s automatic flight check-insoftware.12.
 
Upon information and belief, Defendant collects personal and paymentinformation from Texas residents who purchase Defendant’s services.13.
 
Upon information and belief, Defendant directs its business activities to residentsof Texas knowing that it will receive commercial gain from selling its services to Texas residents.14.
 
Upon information and belief, Defendant knew that the injury from its unlawfulacts would be felt primarily by Southwest in this judicial district, where Southwest isincorporated and headquartered, and where it originates numerous flights every day for Texasresidents.15.
 
Moreover, in order to perpetrate the wrongful acts alleged in this complaint,
Case 3:12-cv-00591-G Document 1 Filed 02/27/12 Page 3 of 29 PageID 3

Activity (4)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->