FlightAware withdraws suit against Kalshi within 24 hours of filing
FlightAware filed and withdrew a trademark and data-misuse lawsuit against Kalshi within a single business day, the company confirmed Wednesday. The flight-tracking firm had alleged that Kalshi improperly used its proprietary data and trademark to operate prediction markets on flight delays and cancellations. No settlement terms were disclosed. The withdrawal came as the CFTC was simultaneously invoking emergency powers to keep Kalshi's exchange operating against New York's enforcement action — a regulatory posture that may have clarified the jurisdictional ground on which any data-licensing dispute would need to stand.
For Gambity markets, the question is what standing remained once the CFTC reaffirmed Kalshi's federal designation. State-law data claims against a CFTC-designated contract market must contend with the preemption architecture of 7 U.S.C. § 7a-3, which reserves to the Commission the authority to determine what a designated contract market may or may not trade.
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