Aviator LLC v Spribe OÜ [2026] EWHC 1216 (Ch)
Aviator alleges that Spribe’s use of certain logos in its online gambling ‘crash’ game in the UK amounts to an infringement of Aviator’s UK copyright. It also advances a claim for infringement of several overseas copyrights.
In the course of a parallel dispute between the parties in Georgia, Aviator contends that the Georgian courts decided a number of issues which are now in dispute in the claims before the English court. As a result, Aviator says that Spribe is precluded from arguing those issues before the English court. That plea is advanced by reference to the English doctrine of res judicata by reason of issue estoppel.
The issue on the present application was whether, when determining the overseas copyright infringement claims, the question of issue preclusion should be determined by reference to the English law of issue estoppel as the law of the forum, or by reference to the relevant overseas law of issue preclusion.
The court held that a claim for overseas copyright infringement is governed by the ‘Rome II’ Regulation (EC) No. 864/2007 (assimilated by SI 2019/834), pursuant to which the English court should apply the law of the country for which copyright protection is claimed when deciding whether any preclusive effect arises from the decisions of the Georgian courts.
Edward Cronan appeared for Aviator.
Benet Brandreth KC and Christopher Hall appeared for Spribe.