Aviator Slot Dispute: UK Court of Appeal Overturns Previous Ruling

The legal battle over one of the world's most famous crash games in online gambling has entered a decisive new phase. On October 2, the UK Court of Appeal overturned a High Court decision regarding the ongoing copyright and branding dispute between Aviator LLC and game developer Spribe. The case revolves around the visual identity, branding, and design of the game Aviator. The plaintiffs, Aviator LLC, allege that Spribe copied essential elements, such as the distinctive airplane design and the name, while Spribe firmly denies these allegations, insisting on independent development.

The recent Court of Appeal ruling primarily addressed procedural issues and the significance of earlier judgments from Georgia. In May, the High Court had ruled that Georgian court decisions were relevant to the UK proceedings, which granted Spribe a temporary strategic advantage. This advantage has now been nullified, as the appellate judges unanimously found that the previous handling of foreign judgments needed correction. However, the court did not yet issue a final ruling on whether a copyright infringement actually occurred or to what extent the Georgian findings are binding on UK courts.

Numbers and Facts

The value and international scope of this case are significant. According to court records, the Aviator game was operated in Georgia by a company related to the plaintiffs as early as January 2019. Spribe began distributing its own crash game outside of Georgia in December 2019 and introduced it to the UK market in February 2020. In other jurisdictions, there have already been conflicting decisions: In Malta, the First Hall of the Civil Court issued a provisional ruling in favor of Spribe, finding that Aviator Studio's branding was too similar to Spribe's EU trademarks. Conversely, in Curaçao, Aviator LLC's local trademarks were invalidated after the company failed to send a legal representative to defend the matter.

"The Claimants contend that operation of the Spribe Aviator Crash Game in the UK amounts to infringement of the UK copyright in the Aviator Image. That is disputed." - Excerpt from the proceedings of the High Court of Justice, Business and Property Courts of England and Wales

Background

Crash games represent a relatively new category in online casinos. Players bet on a multiplier that rises rapidly. The goal is to cash out before the game crashes. In the Aviator case, the dispute specifically concerns the image of an airplane and the associated lettering. Aviator LLC claims that a design agency called Bambuk Design Studio created artworks in June 2019 that infringed upon the original Aviator image. Spribe maintains that its Aeroplane Device and the Spribe Aviator Image are independent creations. The case demonstrates how difficult it is to protect intellectual property in an industry characterized by rapid innovation and global releases.

Why it matters for German players

For players in Germany, this international legal dispute has no immediate impact on daily gaming, provided they are registered with operators holding a license from the Gemeinsame Glücksspielbehörde der Länder (GGL). The State Treaty on Gambling 2021 (GlüStV 2021) ensures that all games offered in Germany are strictly vetted. Should a game be blocked internationally due to a copyright dispute, the GGL would make corresponding adjustments to the whitelist. German users also benefit from protective measures such as the cross-operator deposit limit of 1,000 euros per month and the stake limit of a maximum of 1 euro per spin on virtual slot machines. These rules apply regardless of who ultimately holds the rights to the graphic of an airplane in the game. LUGAS monitors compliance with these limits to effectively prevent gambling addiction.

What it means for GGL-licensed casinos

German online casinos with a GGL license must be extremely careful to ensure that the software they offer is legally licensed. A legal dispute like the one between Aviator LLC and Spribe serves as a warning regarding the selection of third-party providers. GGL-licensed operators must ensure that their game portfolios do not infringe on any trademarks, as this could lead not only to civil lawsuits but also call into question the operator's reliability under the GlüStV 2021. In Germany, the GGL's review of games primarily focuses on player protection and compliance with technical guidelines, but a legally unstable product could eventually disappear from the catalogs of reputable providers to avoid judicial risks.