Aviator LLC, a gaming company based in Georgia, has launched a legal action against Spribe OU, seeking to invalidate the company’s trademarks before the European Union Intellectual Property Office (EUIPO). This move comes after Aviator LLC successfully challenged Spribe’s trademarks in a Georgian court, with the case now extending to the European level.
The new legal filing at the EUIPO argues that Spribe OU, a provider of online gambling services, has registered trademarks in bad faith, infringing on Aviator LLC’s copyright in the European Union. The trademarks in question relate to Spribe’s use of the “Aviator” name and a related airplane logo in their popular online casino game, which has gained considerable popularity within the gaming and gambling community.
Aviator LLC’s case in Georgia was settled in the Court of First Instance, which ruled in favour of the company, invalidating Spribe OU’s trademarks to the casino game Aviator. This ruling has now prompted Aviator LLC to pursue further legal action in Europe.
The EUIPO action will focus on the validity of Spribe’s trademarks within the EU, specifically in relation to goods and services listed under classes 09 and 41, which include computer software and online gambling services. Aviator LLC claims these registrations breach its intellectual property rights, which it says it holds in connection with the game and its branding.
In a statement, Nikoloz Gogilidze, Managing Partner of Mikadze Gegetchkori Taktakishvili LLC, which represents Aviator LLC, said: “The EUIPO action represents the logical continuation of this dispute following the court’s decision. Our client is strongly committed to aggressively protecting its intellectual property rights worldwide. Having obtained a victory in Georgia, where the initial infringement occurred, the next step is to challenge Spribe OU’s trademarks globally.”
The origins of the dispute date back to 2022, when the intellectual property related to the Aviator game and its airplane logo was transferred to Aviator LLC by City Loft, a Georgian gaming company involved in land-based casinos. Shortly after acquiring these rights, Aviator LLC filed an invalidation action against Spribe OU in Georgia, alleging that Spribe had unlawfully registered the trademark and logo for use in its online casino game.
The Georgian court ruled in Aviator LLC’s favour, invalidating Spribe’s trademarks within the jurisdiction. Following this decision, Aviator LLC has now escalated its legal battle to the EU level, where Spribe’s trademarks cover a broader range of services, including those directly related to online gambling.
The outcome of this case before the EUIPO could have significant implications for both companies. Aviator LLC is keen to protect its brand as it expands its footprint in the gaming and gambling industry, while Spribe OU’s popular casino game, Aviator, could face legal challenges if the EU trademarks are deemed invalid.
As the case progresses, both parties are expected to submit detailed arguments. For now, Aviator LLC has signalled its determination to challenge Spribe OU’s trademarks not just in Europe, but potentially in other jurisdictions where similar issues may arise.
