The UK Court of Appeal has overturned a High Court ruling in a copyright dispute involving Aviator LLC and Spribe. The unanimous decision, announced on October 2, does not address whether Spribe infringed on Aviator LLC's copyright or the relevance of prior Georgian court rulings in this matter.
Previously, a ruling from May had considered the decisions of the Georgian courts as pertinent to Aviator LLC’s copyright claims, which gave an upper hand to Spribe. This past ruling denied Aviator LLC’s request for a preliminary hearing concerning ownership before the main case proceeds.
At the heart of this case is the design and branding of the Aviator crash game. Aviator LLC alleges that Spribe has reproduced its distinct design, featuring an airplane and the Aviator name. Spribe counters these claims by asserting that it developed its graphics independently and did not reference Aviator LLC's designs. Both companies have divergent views on the degree of similarity between their respective products and branding.
The legal battle has resulted in varying rulings in different jurisdictions. In Malta, the First Hall of the Civil Court ruled provisionally in favor of Spribe, indicating that the branding of Aviator Studio closely resembles Spribe’s EU trademarks, which could lead to consumer confusion. Conversely, in Curaçao, a local court invalidated Aviator LLC’s trademarks after the company failed to send a representative to contest the case, allowing Spribe to win by default.
