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issued the ruling, noting that the factual and legal foundations supporting the initial preliminary injunction are no longer applicable.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 decision, issued by the 18th Federal Civil Court of the Federal District, prevents Spribe from relying on the exclusivity rights arising from Brazilian trademark registration No. 501759803 until a final judgment is rendered.

The ruling follows legal action brought by Aviator Studio Brazil, which demonstrated that the Aviator trademark had been created and used years before Spribe obtained trademark protection in Brazil. The court acknowledged evidence showing that the Aviator brand originated in Georgia in 2016 and was formally registered there in 2018, years before Spribe’s Brazilian registration.

Importantly, the court also took note of previous judicial decisions in Georgia that invalidated Spribe’s registration of the Aviator trademark and confirmed the rights of the original trademark owner.

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“This decision represents an important step in protecting the Aviator brand and enforcing intellectual property rights internationally. In practical terms, this means that, until the final resolution of the Spribe’s trademark invalidation proceedings, Spribe will no longer be able to continue it’s disruptive practices against operators, including sending threatening letters or initiating legal actions related to the use of Aviator Studio’s trademark.” comments George Pruidze, CEO of Aviator Studio. “We remain committed to defending the integrity of the Aviator brand and ensuring that its legitimate ownership is recognized across all jurisdictions.”

Aviator Studio will continue pursuing all available legal measures to safeguard its intellectual property rights and protect the integrity of the Aviator trademark worldwide.

The post Aviator Studio Secures Key Legal Win in Brazil as Federal Court Suspends Spribe’s Aviator Trademark Rights appeared first on iGaming Amerika.

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.”

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