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FlightAware sues Kalshi over unauthorized use of flight cancellation data in betting markets

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RegulatoryBy The Touch & Go EditorialPublished Aug 12, 12:56 AM2 min read

FlightAware sues Kalshi over unauthorized use of flight cancellation data in betting markets

FlightAware accuses prediction market Kalshi of using its flight-tracking data and brand without permission to settle wagers on U.S. flight cancellations.

The gist

FlightAware files lawsuit to stop Kalshi from using its data and trademark in flight cancellation betting markets.

FlightAware, a prominent flight-tracking company, has initiated legal action against Kalshi, a federally regulated prediction market operator, alleging unauthorized use of FlightAware's flight cancellation data and brand in Kalshi's betting contracts. The lawsuit was filed in the U.S. District Court for the Southern District of New York and requests both a temporary restraining order and a permanent injunction to halt Kalshi's activities involving FlightAware data and trademark in connection with wagers on flight disruptions.

The conflict emerged in July 2026 when Kalshi announced plans for prediction market contracts linked to the percentage of flight cancellations occurring at airports over specified timeframes. Kalshi disclosed in filings with the Commodity Futures Trading Commission (CFTC) that it intended to use FlightAware's real-time cancellation data as the primary source for settling these contracts, with U.S. Department of Transportation data as a fallback.

Shortly after Kalshi's announcement, FlightAware and its parent company RTX publicly objected, clarifying that FlightAware was not affiliated with any prediction markets and had not authorized any third parties to use data collected by its network for wagering purposes. RTX emphasized that Kalshi's planned usage violated their data rights and intellectual property protections. Following these objections, Kalshi initially paused its launch of flight cancellation contracts, signaling a potential de-escalation.

However, the lawsuit alleges that Kalshi resumed offering cancellation markets using FlightAware's information without consent. Despite multiple cease-and-desist demands from FlightAware, Kalshi purportedly continued referencing FlightAware's data and trademark on its platform. Although Kalshi later included a disclaimer denying any affiliation or endorsement by FlightAware, the company maintains its use of the data to settle bets that directly relate to flight cancellations.

Beyond the intellectual property dispute, FlightAware raised broader ethical and security concerns in its suit. It argued that establishing markets to profit from flight cancellations could incentivize malicious actors to deliberately disrupt airline or airport operations to manipulate market outcomes and benefit financially. This risk had been flagged by external critics when Kalshi's contract proposals first became public, who questioned the possibility of orchestrated cancellations to exploit the betting platform.

Kalshi operates under CFTC oversight, running prediction markets where users trade contracts based on whether particular future events will occur. The firm has rapidly expanded into diverse domains such as politics, economics, and sports. Nonetheless, Kalshi faces regulatory scrutiny beyond the federal level; several U.S. states challenge Kalshi's products as illegal gambling, subjecting them to conflicting regulatory regimes and legal challenges.

FlightAware's lawsuit underscores the complexities arising at the intersection of aviation data, intellectual property rights, and emerging financial betting products based on real-world events. It highlights ongoing debates over when and how commercially valuable operational data can be monetized or appropriated for novel financial instruments, particularly those that might touch upon sensitive critical infrastructure sectors like aviation.

The case is poised to clarify legal boundaries regarding the use of flight tracking data in prediction markets. Given the potential risks flagged in the lawsuit about encouraging disruption, regulatory agencies may also weigh in on the broader implications of permitting betting markets tied to flight operations. The outcome could set precedents for data governance and ethical standards in aviation-related financial markets.

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Frequently asked questions

What led FlightAware to sue Kalshi?
FlightAware sued Kalshi for using its flight cancellation data and trademark without permission in Kalshi's flight cancellation betting markets, despite cease-and-desist demands.
How does Kalshi use FlightAware data in its markets?
Kalshi uses FlightAware's real-time flight cancellation data to determine outcomes of prediction contracts wagering on the percentage of flights canceled at U.S. airports over certain periods.
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