A UK High Court ruling has handed Spribe a procedural advantage in its copyright dispute with Aviator LLC over rights to the Aviator crash game brand.
Deputy Judge Michael Tappin KC ruled on 22 May that foreign law applies to certain copyright elements of the proceedings rather than English law. The decision affects how earlier judgments from Georgian courts may bear on the case, given that the claims extend into jurisdictions covered by the Berne Convention.
What the Ruling Decided
The dispute centres on ownership of the aircraft image used in Aviator-branded crash games. Aviator LLC, founded by Georgian businessman Temur Ugulava, alleges that Spribe infringed intellectual property connected to the Aviator brand. Spribe denies the allegations and holds trademarks linked to its version of the game. The company had previously obtained an interim injunction against Aviator LLC ahead of a full trial.
Aviator LLC argued that English law should determine whether decisions issued in Georgia created binding issue estoppels in the UK proceedings. The company also sought to apply that interpretation to claims involving foreign copyright laws across other jurisdictions.
Tappin rejected that position. Applying EU-derived private international law principles that remain embedded in English law, he found that courts must consider the law of each country where copyright protection is sought.
The judge stated:
“…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.”
The ruling prevents the case from being resolved solely through English law. Georgian court findings will need to be evaluated under the laws of the relevant jurisdictions tied to the copyright claims.
The judgment left the core questions of ownership and infringement unanswered. Whether Spribe copied Aviator branding, or whether Aviator LLC holds the disputed intellectual property, remains for trial.
Court Refuses Preliminary Ownership Hearing
Alongside its arguments on applicable law, Aviator LLC sought a preliminary hearing focused specifically on ownership of the Aviator image. Tappin refused.
He found that ownership was too closely connected to disputed factual matters and issues of Georgian law to be separated from the broader case. He wrote:
“I can see no reason why ownership should be plucked out from all the other issues and decided in advance.”
The ownership question will be addressed at the full trial rather than through a fast-tracked hearing. The decision keeps both the applicable law question and the underlying merits on the same procedural track.
The case is one of a growing number of multi-jurisdictional IP disputes in the B2B gaming sector.
Aviator LLC Opens Second Front in South Africa
The London ruling came as Aviator LLC confirmed it had initiated separate legal proceedings against betting operator Betway in South Africa. The company alleges Betway used protected visual elements associated with the AVIATOR brand without authorisation. The dispute reportedly began with a cease-and-desist notice before escalating to litigation.
Aviator LLC states it holds global copyright ownership connected to the AVIATOR logo and trademarks across several African jurisdictions.
CEO George Pruidze said:
“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 indicated the South Africa case could result in requests for injunctions, damages, and recovery of profits connected to the alleged unauthorised use of its intellectual property.
Commercial Stakes Behind the Dispute
The Aviator crash game has become one of the most commercially successful titles in online casino. Spribe’s version, where players attempt to cash out before a virtual aircraft leaves the screen, has built a large international player base over recent years. The commercial value attached to the brand has raised the stakes in the legal confrontation on both sides.
The UK proceedings will continue at a full trial, where the outstanding questions of ownership, infringement, and branding rights are expected to be examined in full.
Source: UK High Court
