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Intellectual Property Dispute Over Aviator Trademark: The Complex Legal Battle

The ongoing legal dispute surrounding the Aviator trademark has garnered significant attention within the gaming industry. This case highlights the intricate nature of intellectual property conflicts, particularly when multiple stakeholders are involved. The key players in this dispute include Georgian businessman Teimuraz Ugulava, City Loft, Spribe, Adjarabet, and Flutter Entertainment.

The Origins of the Aviator Trademark
The Aviator trademark, encompassing both the name and logo, was established by Georgian businessman Teimuraz Ugulava between 2016 and 2017. Ugulava’s venture into the trademark space began with its registration in 2018 under City Loft, a company entirely owned by him. Initially, the Aviator logo was intended for use in a land-based casino setting.

However, the trajectory of the Aviator trademark took a significant turn with the launch of the Aviator crash game. Released on the Adjarabet platform in January 2019, this development marked a new phase for the trademark. At this time, Ugulava was still the owner of both the trademark and the company.

Adjarabet’s Acquisition and Subsequent Sale
In 2019, Adjarabet underwent a significant transition when it was sold to Flutter Entertainment. Notably, the sale did not encompass the rights to the Aviator trademark. Despite this exclusion, both Adjarabet and Spribe—collaborators in the game’s development—continued to utilize the Aviator logo across platforms in Georgia and Armenia until January 2024.

Spribe, having been involved in the game’s creation, made minor modifications to the Aviator logo and began its international use. This expansion marked the beginning of broader disputes over intellectual property rights.

The Transfer of Intellectual Property and Legal Actions
In 2022, a pivotal change occurred when all intellectual property related to the Aviator trademark was transferred from City Loft to Aviator. Armed with these rights, Aviator initiated legal proceedings aimed at invalidating Spribe’s use of the modified logo. This legal action was grounded in the argument that Spribe’s logo, registered in Georgia and the European Union, was infringing upon Aviator’s intellectual property rights.

Spribe and Flutter Entertainment’s Defense
In response to the legal challenges, both Spribe and Flutter Entertainment have staunchly defended their positions. Spribe has asserted its role as the creator of the Aviator game, claiming comprehensive intellectual property rights over the game and its logo. Flutter Entertainment has also contested the Georgian court’s ruling, describing the damages as disproportionate and signaling intentions to appeal the decision.

Legal Implications and Industry Impact
The ongoing case underscores the complexity inherent in intellectual property disputes, particularly in industries characterized by rapid technological advancements and international reach. The involvement of multiple parties, each with varying claims and rights, adds layers of complexity to the resolution process.

The resolution of this dispute will have far-reaching implications for the gaming industry. It will potentially set precedents for how intellectual property rights are interpreted and enforced in contexts involving cross-border operations and collaborative development.

The legal battle over the Aviator trademark reflects broader challenges within the intellectual property landscape. As the case progresses, it will continue to draw attention from legal experts, industry stakeholders, and observers interested in the intersection of technology, business, and law. The outcome will likely influence future practices and regulations surrounding intellectual property rights, particularly in the dynamic world of gaming.

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