Brazil Court Revokes Spribe Injunction in AVIATOR Trademark Case

Brazilian Court Revokes Spribe Injunction Over AVIATOR Trademark – Federal Suspension Alters Legal Standing in Ongoing Dispute

Key Takeaways

• The Pernambuco Court of Justice has revoked a preliminary injunction previously granted to Spribe OÜ in a trademark dispute over AVIATOR in Brazil.
• The Federal Court in Brasília provisionally suspended the legal effects of Spribe’s AVIATOR trademark registration.
• Spribe has been ordered to refrain from claiming exclusivity based on the suspended registration until a federal invalidation proceeding is resolved.
• The Public Prosecutor’s Office opened an inquiry into alleged misleading advertising and discrepancies in the game’s advertised and actual RTP.
• The dispute involves claims that the AVIATOR trademark was created and used years before Spribe obtained registration in Brazil.

Pernambuco Court Revokes Preliminary Injunction

The Pernambuco Court of Justice has revoked a preliminary injunction that had previously favored Spribe OÜ in a legal dispute concerning the use of the AVIATOR trademark in Brazil. The decision follows what the court described as a significant change in the legal circumstances underpinning the earlier ruling.

Judge Andrea Epaminondas Tenorio de Brito concluded that the factual and legal basis for the injunction no longer exists. The original decision had been based on the assumption that Spribe’s trademark registration with the Brazilian Property and Trademarks Office was fully valid and effective. That assumption changed after a subsequent federal ruling.

Under Article 296 of the Brazilian Code of Civil Procedure, a court may revoke a preliminary measure if the underlying circumstances materially change. The Pernambuco Court determined that this threshold had been met and formally withdrew the injunction.

Federal Court Suspends Legal Effects of Trademark Registration

The shift in legal standing stems from a decision by the Federal Court in Brasília, which provisionally suspended the legal effects of Spribe’s registration of the AVIATOR trademark in Brazil. In addition, the court ordered the company to refrain from asserting exclusivity rights based on that registration until the outcome of a federal invalidation proceeding.

This federal suspension directly affected the reasoning behind the Pernambuco injunction. Because the earlier measure relied on the presumption that Spribe’s trademark rights were fully enforceable, the suspension removed the legal foundation for maintaining court protection.

For operators and industry participants, the suspension means that exclusivity claims tied to the disputed registration cannot currently be enforced while the invalidation process remains pending.

Origin of the AVIATOR Trademark at the Center of Dispute

The legal conflict was initiated by Aviator Studio Brasil, which argued that the AVIATOR trademark had been created and used years before Spribe secured local protection in Brazil. According to evidence acknowledged by the court, the trademark originated in Georgia in 2016 and was formally registered there in 2018.

The court also considered previous judicial rulings in Georgia that invalidated Spribe’s registration of the AVIATOR trademark and upheld the rights of the original trademark owner. These rulings formed part of the broader factual background evaluated in the Brazilian proceedings.

The Brazilian court acknowledged that the Georgian registration predated Spribe’s Brazilian registration, a detail that plays a central role in the ongoing invalidation process.

Prosecutors Open Inquiry Into Alleged Unfair Practices

Separate from the trademark litigation, the Public Prosecutor’s Office of the Federal District and Territories opened an inquiry in June to investigate alleged abusive practices linked to the game developer. The inquiry focuses on potential misleading advertising and unfair commercial practices.

Among the allegations is a claimed discrepancy between the advertised and actual RTP, or Return to Player, of the AVIATOR game. RTP figures are a key metric in regulated gambling markets because they indicate the theoretical payout percentage over time.

The Prosecutor’s Office recommended that the Secretariat of Prizes and Bets immediately suspend the technical certification of Spribe’s games and prohibit them from being offered by licensed operators. The recommendation highlights the regulatory dimension of the dispute, which extends beyond intellectual property rights into compliance and consumer protection issues.

Implications for Licensed Operators in Brazil

The combined effect of the federal suspension, the revoked injunction, and the ongoing prosecutorial inquiry creates legal and regulatory uncertainty around the AVIATOR trademark and related game offerings in Brazil.

At present, Spribe cannot rely on its suspended trademark registration to assert exclusivity in the Brazilian market. Meanwhile, the federal invalidation proceeding remains unresolved. In parallel, regulatory authorities have been advised to review the certification status of the company’s games.

For licensed operators, these developments affect both branding considerations and compliance exposure. The inability to claim exclusivity may influence how operators assess contractual arrangements and intellectual property risks. The recommendation to suspend certification, if acted upon by authorities, would directly affect game availability within the regulated market.

Our Assessment

Brazilian courts have altered the legal standing of Spribe’s AVIATOR trademark by suspending its registration effects and revoking a related preliminary injunction. The dispute centers on prior use and registration claims originating in Georgia and is now subject to a federal invalidation proceeding. In parallel, prosecutors are examining alleged discrepancies in advertised RTP and other potential unfair practices, with recommendations that could affect game certification and availability for licensed operators in Brazil.