Spribe Loses Preliminary Relief in Brazil’s Aviator Trademark Case
The Court of Justice of Pernambuco (TJPE) has revoked the preliminary appellate relief previously granted to Spribe regarding the AVIATOR trademark in the Brazilian iGaming market.
The TJPE’s decision, issued monocratically by Justice Andrea Epaminondas Tenorio de Brito, was prompted by a fundamental change in the legal landscape. The court found that the factual and legal basis that supported the original injunction in favor of Spribe no longer exists.
This reversal is a direct consequence of a ruling by the Federal Court in BrasÃlia, which provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration. Furthermore, the Federal Court ordered Spribe to refrain from asserting exclusivity based on that registration until the federal nullity proceedings are fully resolved.
Read Also: Brazilian Court Suspends Spribe’s Aviator Trademark Registration Rights
The Pernambuco Court clarified that its initial support for Spribe was based on the presumption that the trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable.
However, because the Federal Court has since suspended those legal effects, the TJPE held that the foundation for the preliminary relief had materially changed. Under Article 296 of the Brazilian Code of Civil Procedure, this change in circumstances necessitated the revocation of the prior relief.
The ruling changes the current legal position in the ongoing dispute over the AVIATOR trademark in Brazil, although the underlying case has not yet been finally decided. As the federal nullity proceedings move forward, the “Aviator” brand remains in a state of legal flux within the Brazilian jurisdiction.
