Aviator Ruling Overturned by UK Court of Appeal.
The UK Court of Appeal has overturned a High Court ruling in the copyright dispute between Aviator LLC and Spribe. The decision does not determine whether copyright infringement took place, nor whether findings made by Georgian courts are binding in the UK proceedings.
Appeal Court Revisits Georgian Judgments
In a unanimous judgment issued on October 2, the Court of Appeal reversed a High Court decision from May that had treated earlier Georgian judgments as relevant to Aviator LLC’s copyright claims. The High Court ruling had given Spribe a procedural advantage and rejected Aviator LLC’s request for a preliminary hearing on ownership before the broader case moved forward.
Read Also: UK Court Rules in Favor of Spribe in Aviator Copyright Case
The UK case centres on the artwork and branding of the Aviator crash game. Aviator LLC claims Spribe copied its original designs, which feature an aircraft and the Aviator name. Spribe denies the allegations, saying it developed its artwork independently. The companies also contest the similarities between their products and their respective use of the Aviator trademark.
Courts Reach Different Results Elsewhere
The dispute has had mixed outcomes in other jurisdictions. In Malta, the First Hall of the Civil Court issued a provisional ruling in Spribe’s favour, finding that Aviator Studio’s branding was sufficiently similar to Spribe’s EU trademarks to risk confusing consumers. The court pointed to instances in which the companies’ games appeared alongside each other. In Curaçao, a Court of First Instance ruling invalidated Aviator LLC’s local trademarks. Aviator LLC did not send a representative to defend the case, and Spribe prevailed by default.
