Aviator has won a procedural appeal in the Court of Appeal of England and Wales, but its wider copyright battle with crash-game developer Spribe remains unresolved. The judgment was handed down on 2 October 2026 in Aviator LLC and others v Spribe OÜ, [2026] EWCA Civ 1224.

The court ruled that English law governs whether earlier Georgian judgments can prevent Spribe from reopening issues in the English proceedings. That reverses the approach taken by the High Court on 22 May 2026.

The appeal changed the legal route to the dispute. It did not decide who owns the disputed designs or whether Spribe infringed Aviator's rights.

What the appeal decided

The dispute centred on issue estoppel. In simple terms, the rule can stop a party from arguing again about an issue already conclusively decided between the same parties.

The High Court had held that the effect of the Georgian decisions should be assessed under the law applicable to each foreign copyright claim.

The Court of Appeal rejected that approach. It treated the question as one about how an English court should recognise and apply a foreign judgment, rather than as part of the underlying copyright claims. The judgment is published by the National Archives (read the ruling).

Lord Justice Arnold, sitting with Lady Justice King and Lord Justice Miles, allowed Aviator's appeal. The ruling says the relevant rules of English res judicata apply when the English court decides whether the Georgian judgments create an issue estoppel.

What the ruling did not decide

The judgment is not a finding that Spribe infringed Aviator's copyright. It does not establish that Aviator owns the disputed works. It also does not finally determine the validity of Spribe's UK trade marks or the parties' wider claims and counterclaims.

The court record says Aviator alleges that Spribe's crash game copied an aircraft-themed image and device. Spribe denies infringement and says the designs were created independently.

Spribe's game has been distributed in the United Kingdom since February 2020, according to the court's summary of the case.

  • The appeal concerned the legal effect of earlier Georgian judgments.
  • The High Court ruling under challenge was dated 22 May 2026.
  • The Court of Appeal judgment was handed down on 2 October 2026.
  • The underlying dispute includes copyright, trade-mark and passing-off issues.

The practical effect is narrower but important. Aviator can now argue in the English proceedings that the Georgian judgments conclusively settle particular issues, subject to the legal requirements for recognition and issue estoppel.

The High Court or another court will still need to determine how those principles apply to the evidence and the pleaded claims.

Why the British market matters

The case reaches beyond a fight over a logo. It involves a gambling product distributed in the British market, registered UK trade marks, alleged copyright infringement and a counterclaim linked to a proposed UK launch.

For operators and game suppliers serving Great Britain, the dispute shows how branding rights can become a market-access issue. A court order, injunction or final liability finding could affect whether a branded game can be launched, promoted or distributed through licensed operators.

Nothing in the 2 October judgment orders UK operators to remove Spribe's game. The decision is not a Gambling Commission enforcement action, a licence condition or a new rule for gambling businesses.

It is a civil appeal ruling on the legal effect of foreign judgments in English litigation. MLex described the decision as clarifying that issue in a multinational copyright dispute.

The next stage

The underlying UK copyright, trade-mark and passing-off issues remain unresolved. The parties will now continue the English proceedings under the Court of Appeal's ruling on the procedural question.

That leaves the central commercial question unanswered: whether the competing Aviator branding can lawfully coexist in the British market. The appeal has changed the route to that answer, not delivered it.