Aviator LLC has filed an invalidation claim against Spribe OU before the European Union Intellectual Property Office (EUIPO). This latest legal action follows Aviator’s victory in a similar case in Georgia, where the court ruled in favor of Aviator, invalidating Spribe’s trademarks related to the crash-style casino game Aviator. The battle now shifts to the EU, with far-reaching implications for the broader gaming industry.
This ongoing IP dispute revolves around Spribe’s use of the Aviator trademark and the associated airplane logo, which has become synonymous with the game. Aviator LLC, a Georgian-based gaming company operating in land-based casinos, argues that Spribe’s use of these trademarks was done in bad faith and infringes upon their existing copyright. Spribe, a rapidly growing force in the iGaming sector, has long used the Aviator branding in its popular crash game, which has been embraced by numerous online casinos, including Adjarabet, Georgia’s largest gambling platform owned by Flutter Entertainment.
Landmark Georgian ruling sets a precedent
In August 2024, the Georgian Court of First Instance delivered a decisive blow to Spribe, ruling that its trademarks were registered in bad faith. The court also found that Spribe infringed on Aviator LLC’s copyright, awarding $330 million in damages to the Georgian company. This outcome was pivotal, not only because of the monetary compensation but also because it reinforced Aviator LLC’s intellectual property claims on a global scale. As part of the ruling, Spribe was prohibited from using the Aviator name and logo, effectively shutting down their ability to market the game under this branding within Georgia.
The Georgian decision established two significant points: first, that Spribe had knowingly infringed on Aviator’s intellectual property; and second, that the registration of Spribe’s trademarks was made in bad faith, a precedent now being leveraged in the European Union case. Aviator LLC’s legal representation has described the EUIPO filing as a “logical continuation” of the company’s strategy to aggressively defend its IP rights across borders.
Stakes in Europe
In the EU, the stakes are high for both companies. The challenged trademarks registered by Spribe fall under classes 09 and 41, covering essential categories like gambling services, including online casinos. If Aviator LLC succeeds in invalidating Spribe’s trademarks in the European Union, the repercussions could ripple through the gaming industry, affecting not just Spribe but also other companies that have integrated the Aviator game into their offerings.
Spribe’s Aviator game is widely popular across Europe and other regulated gaming markets, and a negative ruling could force the company to rebrand or remove the game from platforms altogether. For Aviator LLC, a favourable ruling would further cement its dominance over the Aviator brand and give the company a stronger foothold in the competitive iGaming sector.
Bad faith and copyright infringement
Aviator LLC’s case hinges on two critical legal arguments. First, the company contends that Spribe’s trademarks were registered in bad faith, a claim that played a central role in the Georgian court’s ruling. Aviator LLC asserts that Spribe was fully aware of its prior use of the Aviator trademark and airplane image when it filed for its own trademarks. Second, Aviator LLC claims that Spribe’s use of these marks violates its copyright, particularly in the visual representation associated with the game.
This dual-pronged legal strategy has proven successful in Georgia and could be a strong basis for the EUIPO case. However, trademark laws in the European Union are complex, and success in one jurisdiction does not guarantee victory in another. While Georgia’s ruling provides momentum, Aviator LLC’s legal team must now navigate the intricacies of EU intellectual property law to secure a similar outcome.
Growing trend in IP disputes
This dispute underscores the increasing frequency of IP battles in the global gaming industry, where intellectual property rights over popular games, logos, and brands are fiercely contested. With online gambling and gaming continuing to grow, companies are more protective of their assets, leading to high-profile legal skirmishes like this one. For Aviator LLC, the lawsuit represents not just a defence of its intellectual property, but also an opportunity to assert its presence in a lucrative international market.
As the case unfolds, industry observers will be closely watching for signs of how EUIPO will respond to Aviator LLC’s claims. A victory in the EU would be a major triumph for Aviator and could embolden other companies to pursue similar claims, while a loss could expose the company to further competition in a crowded market.
For now, Aviator LLC remains resolute, with its legal team emphasizing that this is just the beginning of a broader effort to enforce its intellectual property rights worldwide. Whether or not that strategy proves successful in the European Union remains to be seen, but one thing is clear: this is a fight with far-reaching consequences for both companies and the wider gaming industry.
In the meantime, Spribe continues to maintain its position in the marketplace, with the outcome of this legal battle likely determining its future strategy and market presence.
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