On August 20, 2024, the Court of First Instance in Georgia delivered a significant ruling in favor of Aviator LLC, a company involved in the gambling services sector. The court upheld Aviator LLC’s claims of trademark and copyright infringement against the gaming company Spribe OÜ and Adjarabet, the largest online casino in Georgia, which is owned by the UK-based company Flutter Entertainment Plc. This landmark ruling invalidated the trademark registrations by Spribe OÜ on the grounds of bad faith and copyright infringement, resulting in the award of $330 million in damages to Aviator LLC.
Georgian court awards Aviator LLC $330m in trademark dispute:
Aviator LLC, represented by the law firm Mikadze Gegetchkori Taktakishvili LLC, filed the lawsuit against Spribe OÜ, alleging that Spribe’s use of the “Aviator” logo and brand name in its flagship game constituted a violation of Aviator LLC’s intellectual property rights. “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,” stated Nikoloz Gogilidze, Managing Partner of the representing law firm.
Aviator LLC holds several trademark registrations for the “Aviator” graphic logo, covering both online and physical gambling services. The dispute arose when Spribe OÜ, known for its popular crash game, began using the “Aviator” brand in its offerings. In 2021-2022, Spribe OÜ registered its own “Aviator” trademarks for computer games and gambling services. Aviator LLC argued that these registrations were made in bad faith, as Spribe OÜ was aware of Aviator LLC’s pre-existing rights and was already using the disputed trademark in a way that infringed on Aviator LLC’s copyright.
The lawsuit sought to invalidate Spribe OÜ’s trademarks on two primary grounds: first, that the trademarks were registered in bad faith, knowing that Aviator LLC had prior rights; and second, that Spribe OÜ’s trademarks infringed upon Aviator LLC’s copyright in the “Aviator” image.
Court ruling and implications:
The Court of First Instance ruled in favor of Aviator LLC on all claims. It concluded that Spribe OÜ’s trademark registrations were indeed made in bad faith and that they infringed upon Aviator LLC’s copyright. Consequently, the court invalidated the trademark registrations held by Spribe OÜ on these grounds.
As Business Wire reports, the court addressed Aviator LLC’s claims against Adjarabet, which had been using the “Aviator” name and image in its flagship game. The court ordered Adjarabet to cease using the “Aviator” brand in its gaming offerings and online streaming. This decision not only impacts Adjarabet’s current operations but also sets a precedent for the protection of intellectual property rights within the gaming industry.
This ruling is a landmark case in the realm of intellectual property rights within the gaming industry. It highlights the importance of respecting established trademarks and copyrights, particularly in a rapidly growing and competitive market like online gaming. The decision may prompt other companies to review their trademark registrations and ensure that they are not infringing upon existing rights.
For Aviator LLC, the ruling not only represents a significant legal victory but also reinforces its position as a key player in the gaming industry. The company’s proactive stance in protecting its intellectual property sets a strong example for others in the industry to follow.
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