Aviator claims victory in $330m copyright case against Spribe and Adjarabet
Georgian Court of First Instance backs Aviator LLC over trademark infringement claims in Georgia, although it is understood Flutter will appeal the ruling
Aviator LLC has claimed victory in a $330m (£249.3m) copyright and trademark infringement court case against Spribe and Flutter Entertainment’s Georgia-facing Adjarabet brand.
According to a press release from Aviator, the claim related to the image and logo for the eponymous crash game that has soared in popularity in recent years.
The challenge related to Spribe’s use of the Aviator image and brand in its flagship game on the Adjarabet platform.
It is alleged that between 2021 and 2022, Spribe registered its own Aviator trademarks for computer games and gambling services.
Aviator contested this was an infringement of the original trademark and pursued damages on two fronts.
The first was that Spribe has registered its own Aviator trademarks “in bad faith” as the business knew about the existence of the claimants’ existing copyright for its own crash game.
The second point centred on the claim that Spribe’s trademark registrations “infringed [the] claimant’s copyright on the [Aviator] image”.
As part of the same lawsuit, Aviator requested Adjarabet to be prevented from using the name ‘Aviator’ and associate imagery, while asking for damages for the alleged prior illegal use.
On 20 August, the Georgian Court of First Instance gave its backing to Aviator in all of its challenges against both Spribe and Adjarabet.
According to Aviator, the court ruled that Spribe’s trademarks were indeed registered in bad faith and had infringed on existing trademarks.
The court also ruled for Adjarabet to stop using the Aviator name on its platform.
Aviator said: “The court ruling found copyright and trademark infringement and invalidated trademark registrations based on bad faith registration and copyright infringement, awarding the claimant damages in the amount of $330m.”
EGR understands the claim relates to an ongoing dispute with a previous shareholder of the Adjarabet business.
Flutter acquired 51% of Adjarabet in February 2019 as part of its global expansion strategy. At the time, Flutter said Adjarabet held around a 40% online market share in Georgia.
It is also understood that Flutter is planning to appeal the ruling, with EGR noting the Spribe Aviator game only returned around $7.5m in revenue in Georgia last year.
Sources have suggested the Aviator claim is without merit and the economics involved are not reflective of the contribution the title has made since going live.
Law firm Mikadze Gegetchkori Taktakishvili represented Aviator in the case.
Managing partner Nikoloz Gogilidze said: “We are pleased with the outcome of the court’s ruling on this claim, and we will continue to aggressively protect our client’s intellectual property from unlicensed use on any international gaming platforms.”
EGR has contacted Flutter and Spribe for comment.