Flutter states that it will appeal against the $330 million trademark and copyright claim filed by Spribe and its Georgian online casino Adjarabet, involving the use of the "Aviator" name and logo, which is registered as a trademark by Aviator LLC.
On August 20, the Georgian court of first instance ruled that Spribe's registration of the Aviator name and logo was malicious, as the supplier was aware of the Aviator LLC brand. As this infringed Aviator LLC's copyright, Adjarabet was also required to block further use of copyrighted material related to the Aviator game.
Mikadze Gegetchkori Taktakishvili LLC (representative law firm for Aviator LLC) and its managing partner Nikoloz Gogilidze stated: "We are satisfied with the court's decision on this lawsuit, and we will continue to actively protect our client's intellectual property, preventing its unauthorized use on any international gaming platform."
Now, Flutter, the brand owner of Adjarabet, opposes the ruling, which also owns brands like FanDuel and Sky Bet in the US and the UK respectively. The brand claims the lawsuit is baseless and states "the nature of the claim amount is malicious, bearing no resemblance to the actual economic condition of the involved property."
Although neither Flutter nor Aviator specified the percentage of the $330 million fine each party should pay, according to Flutter, the Aviator crash game generated about $7.5 million in revenue for the operator in Georgia last year—compared to the $3.61 billion revenue generated by the operator in just the second quarter of this year, this is a small amount. Therefore, it is understandable why Flutter might consider the compensation costs disproportionate to its revenue.
Response from Spribe
On August 30, Spribe clarified its position on LinkedIn. Spribe stated that it created Aviator in 2018, being "the global creator and proud owner of the Aviator game, with its intellectual property (copyright, trademark) protected worldwide and exclusively owned by us." The supplier continued to state that Aviator is certified in over 40 jurisdictions, with more than 35 million players across 4,500 brands.
Remaining Issues
If any operator can afford such a fine, it is Flutter; however, substantial financial resources alone cannot explain why an operator would pay such high costs for a game it did not develop. How are damages between different companies apportioned?
While Adjarabet is directly involved in this case, the fact remains that Adjarabet is just one of many online gambling sites hosting the Aviator crash game. As the game's supplier, it can be assumed that Spribe will need to pay most of the costs.
However, Flutter is one of the largest operators in the market, with quarterly revenues reaching billions of dollars. If any operator can afford such a fine, it is Flutter; however, having substantial financial resources alone cannot explain why an operator would pay such high costs for a game it did not develop.
Is it unique to Georgia?
The appeal was filed in Georgia, and the decision was made by the court of first instance. So far, announcements have not confirmed whether the copyright case extends beyond Georgia—this might explain why only the country's largest online casino, Adjarabet, implemented the lawsuit; rather than other large global operators, such as another Flutter-owned operator hosting the Aviator crash game, Paddy Power.
Is Aviator LLC unique to Georgia?
Related to the above content, if Aviator LLC is a brand operating only in Georgia, then it is reasonable for the copyright claim to be confined to this region.
But if this is indeed the case, how could the amount of the copyright claim reach such a high figure?
