Key Points:
- An invalidation action has been initiated by Aviator LLC against Spribe OU
- It is claimed that Spribe OU is in breach of Aviator LLC’s copyright in the European Union
- The challenged EUTM is registered for goods and services in classes 09 and 41
Aviator LLC has initiated an invalidation action against Spribe OU before the European Union Intellectual Property Office (EUIPO) related to the casino crash game Aviator.
Back in August, Aviator LLC won a $330m trademark and copyright claim against Spribe OU and Flutter-owned Adjarabet over the use of the Aviator name and logo. This victory for the company happened in the Court of First Instance in Georgia.
Following this case, Aviator LLC provided further details related to the origins of the Aviator brand and logo, while Spribe OU and Flutter Entertainment also defended its use of the game and logo.
But now, Aviator LLC has filed a new case before the European Union Intellectual Property Office (EUIPO) based on the same grounds as the case in Georgia.
In this new filing, it is argued that Spribe OU has “registered challenged trademarks in bad faith,” while it is said to be in breach of Aviator LLC’s copyright in the European Union.
Good to know: Aviator LLC won a $330m trademark and copyright claim against Spribe OU and Adjarabet in August
The difference between this case and the one in Georgia is that the challenged EUTM is registered for goods and services in classes 09 and 41, which together with computer software directly covers gambling services including online casino services.
Mikadze Gegetchkori Taktakishvili LLC, which represents Aviator LLC, Managing Partner Nikoloz Gogilidze 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 IP rights worldwide. Hence, after obtaining first victory in Georgia where initial infringement took place, the next step is to challenge Spribe OU trademarks worldwide.”
In other legal news, the Malta Gaming Authority (MGA) has suspended the gaming licence of Goldwin following regulatory breaches.
