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`Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 1 of 3 PageID 2675Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 1 of 3 PageID 2675
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`SOUTHWEST AIRLINES CO.,
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`v.
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`KIWI.COM, INC. and
`KIWI.COM S.R.O.,
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`Plaintiff,
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`Defendants.
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` Civil Action No. 3:21-cv-00098-E
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`FINAL JUDGMENT AND PERMANENT INJUNCTION
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`Plaintiff Southwest Airlines Co. (“Southwest”) filed suit against Defendants Kiwi.com,
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`Inc. and Kiwi.com s.r.o. (collectively, “Kiwi.com”) asserting that, among other claims, Kiwi.com
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`was violating the Terms & Conditions for use of Southwest’s website, www.southwest.com, and
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`related computer systems. Southwest seeks injunctive relief prohibiting Kiwi.com from engaging
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`in certain conduct, including scraping and harvesting information from Southwest’s website,
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`republishing Southwest’s flight and fare schedules on Kiwi.com, and brokering and selling
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`Southwest flights without permission.
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`On September 30, 2021, the Court entered a Memorandum Opinion and Order (ECF No.
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`105) (“September 30 Injunction Order”) granting Southwest’s motion for a preliminary injunction.
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`The September 30 Injunction Order prohibited “Kiwi.com, Inc. and Kiwi.com s.r.o., as well as
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`their officers, members, managers, affiliates, agents, employees, servants, representatives, any
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`entities owned or controlled by them, and all persons acting under or in concert with them, …
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`from: (1) harvesting, extracting or scraping information from the Southwest Website,
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`www.southwest.com, or its proprietary servers, including Southwest’s flight and fare information;
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`Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 2 of 3 PageID 2676Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 2 of 3 PageID 2676
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`(2) publishing Southwest flight or fare information on the kiwi.com website, through its mobile
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`applications or elsewhere; (3) otherwise accessing and using Southwest’s Website and data for any
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`commercial purpose; (4) selling Southwest flights; and (5) committing any other acts in violation
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`of Southwest’s Terms & Conditions.”
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`As discussed in the September 30 Injunction Order:
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`(1) Southwest’s Terms & Conditions are a valid and enforceable contract, and Kiwi.com
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`accepted those Terms & Conditions when it used the Southwest Website with knowledge of the
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`Terms & Conditions;
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`(2) Kiwi.com breached the Terms & Conditions when it, among other things, harvested
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`and scraped data from the Southwest Website, published Southwest’s flight and fare schedules on
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`Kiwi.com, used the Southwest Website for Kiwi.com’s own commercial purposes, and brokered
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`and sold Southwest flights without permission;
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`(3) Kiwi.com’s violations of the Terms & Conditions have caused Southwest to suffer
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`irreparable harm, including lost traffic on its website, customer service burdens, operational
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`disruptions, and reputational damage; and
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`(4) After considering the balance of harms, the threatened injury to Southwest if the
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`injunction was denied outweighed the harm to Kiwi.com because, among other things, Kiwi.com’s
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`unauthorized sales of Southwest flights poses a significant disruption to its customer operations,
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`and the public interest would be served if an injunction is granted because there is an expectation
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`that parties to contracts will honor their contractual obligations.
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`The Court’s findings in the September 30 Injunction Order are hereby adopted by
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`reference. Further, Kiwi.com does not oppose entry of a permanent injunction. Accordingly, the
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`Court finds that there is good cause for entry of a permanent injunction.
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`Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 3 of 3 PageID 2677Case 3:21-cv-00098-E Document 126 Filed 12/28/21 Page 3 of 3 PageID 2677
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`Accordingly, Southwest’s motion for entry of a permanent injunction is GRANTED.
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`IT IS HEREBY ORDERED that Kiwi.com, Inc. and Kiwi.com s.r.o., as well as their
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`officers, agents, servants, employees, and attorneys and all other persons acting who are in active
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`concert or participation with them, are permanently prohibited, restrained, and enjoined
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`permanently from: (1) harvesting, extracting, or scraping information from the Southwest website,
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`www.southwest.com, or its proprietary servers, including Southwest’s flight and fare information;
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`(2) publishing Southwest flight or fare information on the kiwi.com website, through its mobile
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`applications or elsewhere; (3) otherwise accessing and using Southwest’s website and data for any
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`commercial purpose; (4) selling Southwest flights; and (5) committing any other acts in violation
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`of Southwest’s Terms & Conditions.
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`IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties and
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`this matter for purposes of enforcing the parties’ settlement agreement and this permanent
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`injunction.
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`IT IS FURTHER ORDERED that all costs of court, attorneys’ fees, and other costs
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`incurred herein are taxed to the party incurring same.
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`All relief not expressly granted is denied. This is a final judgment.
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`SO ORDERED; signed December 28, 2021.
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`ADA BROWN
`UNITED STATES DISTRICT JUDGE
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