A recent decision by a UK High Court has given Spribe a strategic advantage in its ongoing copyright dispute with Aviator LLC over the rights to the Aviator crash game brand.
On 22 May, Deputy Judge Michael Tappin KC decided that certain parts of the case should be judged under foreign law, not English law. This is a significant point because it influences how earlier decisions from Georgian courts might be considered, especially since the legal claims span multiple jurisdictions protected by the Berne Convention.
What’s the Case About?
The core issue here is who owns the aircraft image used in Aviator-branded crash games. Aviator LLC, founded by Georgian businessman Temur Ugulava, claims that Spribe has infringed on its intellectual property related to the Aviator brand. Spribe, on the other hand, denies these allegations and points to trademarks it holds for its version of the game. Previously, Spribe secured an interim injunction against Aviator LLC while the case was ongoing.
Aviator LLC argued that UK law should decide whether previous Georgian court rulings are legally binding here. They also wanted to apply this interpretation across different countries’ copyright laws.
But Tappin disagreed. Using principles derived from EU private international law, principles still part of English law. He ruled that courts need to look at the law of each country involved when assessing copyright protection.
The judge explained:
“…a rule of law relating to preclusive effect, which states whether a party is prevented from disputing (or establishing, as the case may be) one or more elements of a cause of action for an infringement of an intellectual property right, is part of the applicable law under Articles 8 and 15.”
This means the case can’t be decided solely based on English law. Instead, Georgian court decisions will be evaluated under the laws of the relevant jurisdictions involved in the copyright claims.
However, the key issues who owns the rights and whether there’s infringement are still unresolved. Whether Spribe copied Aviator branding, or whether Aviator LLC owns the disputed IP, will be decided at the full trial.
No Quick Ownership Decision
Aviator LLC also asked for a quick preliminary hearing focused just on who owns the aircraft image. Tappin declined this request.
He reasoned that ownership is too closely tied to factual disputes and Georgian law to be separated from the main case. His words:
“I can see no reason why ownership should be plucked out from all the other issues and decided in advance.”
So, the ownership question will be tackled during the full trial along with the other core issues. The case remains on the same procedural path, covering both the applicable law and the substantive questions about infringement and branding rights.
This case is part of a growing trend of cross-border IP disputes in the gaming industry.
A New Battle Begins in South Africa
Meanwhile, Aviator LLC announced it has launched separate legal action against Betway in South Africa. The company claims Betway used protected visual elements linked to the AVIATOR brand without permission. This dispute reportedly started with a cease-and-desist letter before escalating into court proceedings.
Aviator LLC says it owns copyrights and trademarks related to the AVIATOR logo across several African countries.
Read also: Bet365 launches sportsbook in France
CEO George Pruidze explained:
“Our intention in engaging with partners has never been to escalate matters into court proceedings. From the outset, our priority has been to resolve matters professionally and constructively, in a manner that protects the mutual interests of all parties involved while safeguarding the integrity of the AVIATOR brand and its intellectual property rights. Unfortunately, Betway’s response and continued actions left us with no reasonable alternative but to pursue legal action.”
Aviator LLC has indicated that the South African case could lead to requests for injunctions, damages, and the recovery of profits related to the unauthorized use of its IP.
Behind the Legal Clash
The Aviator crash game has become one of the most successful titles in online casinos. Spribe’s version, where players try to cash out before a virtual aircraft leaves the screen, has attracted a large international audience over recent years. The value of the brand has made the legal dispute even more high-stakes for both sides. The UK case will proceed to a full trial, where questions about ownership, infringement, and branding rights will be thoroughly examined. UK Court Aviator Spribe
