Court Rejects SPRIBE’s Injunctions, Permitting Aviator Studio to Continue Operations in Brazil
The São Paulo Court of Appeals has issued two consecutive rulings denying SPRIBE’s requests for urgent injunctions, thereby allowing Aviator Studio Brazil to proceed with offering its AVIATOR product in the country while the ongoing trademark dispute is resolved. These decisions mark a significant development in the legal battle, as they permit the company to maintain its operations and partnerships despite the claims made by SPRIBE. Brazil SPRIBE’s Aviator
In the latest judgment delivered on April 16 by the 2nd Reserved Chamber of Business Law, the court rejected the urgent measures sought against Aviator Studio Brazil. This means that the company can continue its commercial activities, including collaborations with partners such as Foggo Entertainment, which manages the Blaze platform. The judges carefully examined whether SPRIBE had provided sufficient grounds for immediate relief and concluded that the legal criteria had not been satisfied. While SPRIBE asserts exclusive rights to the “AVIATOR” trademark, the court recognized that there is considerable controversy surrounding the validity of those rights both within Brazil and internationally.
Furthermore, the court found no evidence suggesting that Aviator Studio Brazil would suffer imminent or irreparable harm if the injunction were not granted. Importantly, the court acknowledged that the company is operating under a license granted by Aviator LLC, and clarified that the legality and implications of this arrangement would be scrutinized in the full legal proceedings. The decision also came after SPRIBE announced on April 15 a separate matter involving NSX Betnacional. Aviator LLC stated that neither it nor the operator was initially aware of those proceedings, but once informed, Aviator Studio Brazil took responsibility for defending the use of the AVIATOR trademark in that case. The company indicated that it provided Betnacional with the necessary legal support, asserting that their use of the brand is legitimate.
Throughout the São Paulo case, Aviator Studio Brazil actively supported its partners, including Foggo Entertainment, by defending the AVIATOR brand as part of its obligations under the Software Licence Agreement. The company emphasized that it remains committed to defending, indemnifying, and protecting its partners from any legal claims related to the AVIATOR product. The recent rulings ensure that these collaborations can continue uninterrupted while the courts examine the underlying trademark issues.
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On an international level, Aviator LLC connected the Brazilian court decisions to previous proceedings in the United Kingdom High Court. In that case, SPRIBE initially obtained an interim injunction, which was later clarified as a procedural step that did not influence the ownership rights or the final outcome of the dispute. George Pruidze, CEO of Aviator Studio, commented on the situation: “Following two consecutive victories in both the trial court and appeal courts in São Paulo, it is clear there is no basis for the urgent measures sought by SPRIBE. Aviator Studio Brazil continues to operate lawfully under licence, and we remain fully committed to supporting our partners and defending the AVIATOR brand wherever necessary.”
He further added, “As similar actions by SPRIBE continue to trigger proceedings in Brazil, including the ongoing matter involving Betnacional, we will continue to stand behind our partners and ensure the legitimate use of the AVIATOR brand is protected. We are confident that the same facts and legal position will continue to prevail as these cases progress.”
