In a related development, the Pernambuco Court of Justice has revoked the preliminary injunction previously granted to Spribe OÜ regarding the use of the AVIATOR trademark in Brazil. This reversal follows a significant shift in the legal circumstances that underpinned the earlier decision.

Judge Andrea Epaminondas Tenorio de Brito issued the ruling, noting that the factual and legal foundations supporting the initial preliminary injunction are no longer applicable. This decision aligns with the Federal Court’s earlier ruling, which provisionally suspended the legal effects of Spribe’s trademark registration in Brazil. The court explicitly ordered Spribe to cease claiming exclusive rights based on the registration until the federal proceedings for invalidation are finalized.

The Pernambuco Court highlighted that its previous decision was predicated on the assumption that Spribe’s registration with the Brazilian Property and Trademarks Office was fully valid and enforceable. However, following the Federal Court’s suspension of those legal effects, the court determined that the basis for the initial injunction had materially changed. Consequently, it ordered its revocation in accordance with Article 296 of the Brazilian Code of Civil Procedure.

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In June, the Federal District and Territories Public Prosecutor’s Office initiated an inquiry into alleged abusive practices by Spribe, including misleading advertising and unfair commercial conduct. The investigation cited concerns over discrepancies between the advertised and actual RTP (Return to Player) rates. As a result, the Prosecutor’s Office recommended that the Secretariat of Prizes and Bets immediately suspend the technical certification of Spribe’s games and prohibit their availability through licensed operators.

This action followed a lawsuit filed by Aviator Studio Brasil, which demonstrated that the AVIATOR trademark was created and used years prior to Spribe obtaining local protection. The court acknowledged evidence indicating that the Aviator trademark originated in Georgia in 2016 and was officially registered there in 2018,well before Spribe’s registration in Brazil.
Furthermore, the court considered previous rulings in Georgia that invalidated Spribe’s registration of the Aviator trademark and affirmed the rights of the original trademark owner.

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The court declared SPRIBE’s appeal inadmissible and nullified its trademark registrations in Georgia, citing bad faith and infringement upon Aviator LLC’s copyright interests. This decision marked a significant victory for Aviator LLC, the original creator of the Aviator brand, which is closely associated with Georgia as its birthplace.

The Georgian Supreme Court found that SPRIBE’s trademark registrations for the Aviator brand were filed in bad faith, with clear intent to mimic Aviator LLC’s established branding and iconic airplane imagery. As a result, the court’s decision effectively stripped SPRIBE of its trademark rights in Georgia and officially recognized Aviator LLC as the legitimate owner of the Aviator trademark and its related intellectual property. The court highlighted that SPRIBE knowingly infringed upon Aviator LLC’s IP by registering trademarks that replicated the brand’s identity. Additionally, the court affirmed that SPRIBE’s actions violated Aviator LLC’s copyright interests, particularly concerning the brand’s imagery and overall identity. This ruling is notable for establishing a legal precedent within Georgia, a jurisdiction of symbolic significance as the origin of the Aviator brand.

Beyond Georgia, the ruling has important global implications for Aviator LLC’s efforts to protect its intellectual property. The decision strengthens Aviator LLC’s position internationally, especially as it pursues similar legal actions elsewhere, including a pending case before the European Union Intellectual Property Office (EUIPO). In that proceeding, Aviator LLC aims to invalidate SPRIBE’s Aviator trademarks, alleging that those registrations were unauthorized and infringing. SPRIBE’s attempt to delay responses by requesting three extensions in the EUIPO case could be undermined by Georgia’s finding of bad faith, suggesting a pattern of infringing behavior that weakens their defense.

Strategically, the Georgian decision offers Aviator LLC several advantages. It solidifies the company’s claim as the rightful owner of the Aviator brand in a key jurisdiction, bolstering its credibility in other markets. The ruling also serves as a deterrent to competitors, signaling that bad-faith trademark registration efforts will face significant legal consequences. Furthermore, by reinforcing the authenticity of the Aviator brand, the decision could enhance consumer trust and loyalty, strengthening Aviator LLC’s market positioning.

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This dispute is also reflective of broader industry trends, particularly within the rapidly expanding gaming sector, where IP protection has become increasingly critical. A 2025 report by the European Gaming and Betting Association (EGBA) projects that the European online gaming market will generate €45 billion by 2027, emphasizing the importance of controlling valuable trademarks. The Georgian ruling aligns with international efforts to combat “trademark squatting,” a concern highlighted by the World Intellectual Property Organization (WIPO) as a growing issue in 2024.

Looking ahead, Aviator LLC is poised to leverage the Georgian ruling in its ongoing EUIPO case and other international disputes. The company may also seek damages for any financial harm caused by SPRIBE’s infringing actions. Conversely, SPRIBE will need to defend its trademark registrations or consider rebranding in affected markets, a process that could involve substantial costs and strategic adjustments.

The Supreme Court of Georgia’s ruling on May 20, 2025, represents a decisive victory for Aviator LLC in its ongoing efforts to safeguard its brand. By nullifying SPRIBE’s trademarks and affirming Aviator LLC’s exclusive IP rights, the decision sets a powerful precedent that could influence similar disputes worldwide. As the gaming industry continues to grow, this case underscores the critical importance of strong intellectual property protection strategies for companies aiming to maintain their market presence and prevent unauthorized use of their brands. Georgia Court Aviator Trademark

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