Court awards Aviator $330m in damages agaisnt Spribe and Adjarabet

On August 20, the Georgian Court of First Instance sided with Aviator’s copyright infringement claim against Spribe, a developer of innovative crash games, and Adjarabet, a Flutter Entertainment-owned operator.

Aviator deals a blow to Spribe and Adjarabet in copyright case

According to the court, Aviator was justified in seeking a copyright infringement claim against Spribe OÜ and the operator in relation to what the plaintiff saw as the unauthorized use of the "Aviator" brand. In a press release shared by Aviator, the company 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."

Spribe, a provider of crash games and other online casino content, has launched its blockbuster hit "Aviator" with Adjarabet, but in doing so it had allegedly infringed on the company’s copyright and trademark, the court found.

This is a double whammy for Spribe and Adjarabet. For starters, Spribe’s "Aviator" title has quickly become the most successful title on the operator, but it would now have to be scrambled and rechristened if the companies wish to feature it on their portfolio. Doing so may lead to a drop of players and beget confusion that impacts business results.

The second issue is that the court has similarly awarded $330m to the plaintiff in damages, an eye-watering amount and one of the largest such settlements in the gambling industry, bar regulatory intervention and enforcement.

In a press statement, Aviator explained that its claims had to do with the company’s image and logo for the eponymous "Aviator" crash game that had been going strong over the past years and could indeed turn into one of the world’s most popular gambling games of all time, as attested by Spribe’s own "Aviator title."

Essentially, Aviator – the firm – claimed that Spribe had registered the "Aviator" trademarks for gambling and gaming services in 2021 and 2022. Aviator specifically claimed that it had pursued a two-pronged legal action against the defendants.

Spribe and Adjarabet have not given a response, but an appeal must be due

On the one hand, the company insisted that Spribe had registered its own Aviator franchise in bad faith. On the other hand, it drew attention to the use of the Aviator imagery and likeness. Although Spribe dismissed the original claim, it now finds itself in a harder position to argue its case.

"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," added Nikoloz Gogilidze from law firm Mikadze which represented Aviator.

Changing the "Aviator" name in Adjarabet could significantly disrupt Adjarabet’s current business model. Flutter Entertainment is almost certainly set to appeal this decision, although no confirmation has come yet.

Image credit: Unsplash.com