Spribe has secured an urgent provisional ex parte court order in Malta. The order requires Aviator Studios to stop using trademarks that Spribe claims infringe its Aviator intellectual property rights across the European Union.
The First Hall of the Civil Court in Malta handed down the decision, which applies to three entities: Aviator Studio Limited, Aviator Studio Holding Limited and Aviator Studio USA Limited.
Under the provisional order, Aviator Studios has been instructed to cease all use of identical or confusingly similar marks. The companies must also immediately stop using aviator.studio and other websites displaying signs that allegedly infringe Spribe’s EU trademarks in connection with identical or similar goods and services.
The injunction is based on two EU trademark registrations. These cover elements including Spribe’s original Aviator logo, plane graphic and the signature audiovisual component associated with its Aviator game.
Spribe Founder David Natroshvili stated: “We are grateful that the Honourable Court of Malta has provided Spribe with the provisional injunction across the EU from the persistent infringement of our intellectual property rights.
“This is further momentum for Spribe after several positive outcomes, including the cancellation of the trademarks of infringers in Curaçao, and the registration of our iconic logo in Kenya. We hope the positive outcomes will continue in October in the UK, where there will be a hearing of our application for a multi territorial preliminary injunction request. ”
The company has also pursued trademark opposition and cancellation proceedings across multiple jurisdictions, including the UK, where it secured interim injunctive relief from the High Court. The UK case is due to continue in October with a Case Management Conference.
Failure to comply with the provisional order could result in significant penalties
