FlightAware is suing prediction-market operator Kalshi, accusing the company of using its flight-tracking information and trademarks without permission to run and settle wagers on airline cancellations.
Filed in federal court in New York, the case names Kalshi Inc., KalshiEX LLC, Kalshi Klear Inc. and Kalshi Klear LLC. FlightAware wants damages and an injunction preventing further use of its information and branding in cancellation markets.
According to the complaint, “Kalshi is using FlightAware’s data and name to run gambling markets on flight cancellations.” FlightAware further alleges that despite “entering into a binding agreement not to use FlightAware’s data for commercial purposes, including in connection with gambling or prediction markets,” Kalshi “continued after FlightAware demanded that it stop.”
Kalshi introduced aviation prediction markets in July, allowing customers to wager on cancellations nationwide and at particular airports. FlightAware says those pages named it the “Primary Source Agency,” carried its trademark, directed customers to its website and said results were “verified from FlightAware.”
FlightAware says journalists asking for comment alerted it to the markets. The flight-tracking company argues it never approved having either its information or trademarks associated with betting products.
FlightAware says Kalshi kept using its data despite objections
The complaint says Kalshi created a free AeroAPI account in July 2022 under terms restricting commercial use. A Kalshi employee allegedly opened another FlightAware account on July 14, 2026.
FlightAware shut down Kalshi’s AeroAPI account and sent a cease-and-desist letter the following day. According to the lawsuit, Kalshi rejected allegations that it had broken licensing rules or infringed trademarks, arguing its references amounted to nominative fair use. FlightAware says disclaimers denying endorsement appeared only afterward.
The fight follows earlier scrutiny over Kalshi’s use of third-party sports branding. We previously reported in February that the NCAA asked Kalshi to stop using NCAA trademarks in March Madness prediction markets. The NCAA said it had not authorized the use of its marks and raised concerns about sports betting involving college athletes.
Branding questions have persisted. In an August 10 post accompanying an image of Kalshi’s college-football markets, Dustin Gouker wrote, “Kalshi is still using “NCAA” but logos are gone.” The screenshot shows an “NCAA FOOTBALL” label while team names appear alongside helmet imagery.
FlightAware also argues Kalshi had another potential source. It says Kalshi identified the U.S. Department of Transportation’s Bureau of Transportation Statistics in a Commodity Futures Trading Commission filing as an alternative if FlightAware became unavailable.
The complaint says “public reaction was swift and severe,” alleging there was “widespread outrage and concern that the markets would incentivize unsafe tactics to impact cancellations, threatening public safety and creating the potential for massive disruption of air travel.” It also alleges that “customers immediately assumed that FlightAware was involved in the scheme” because of Kalshi’s use of its data and trademarks.
FlightAware says mistaken perceptions of an endorsement damaged its reputation for independence. It says it “has never operated, sponsored, promoted, or participated in a market that permits customers to wager on whether flights will be delayed or cancelled.”
Kalshi has not yet filed a response to the complaint.
Featured image: Kalshi / Canva
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