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Aviator Studio wins in Brazil as courts reject further injunction requests

Shirley Pulis Xerxen

Aviator Studio has secured favourable rulings in Brazil, as courts in São Paulo rejected fresh attempts by SPRIBE to obtain urgent injunctions in their ongoing dispute over the AVIATOR trademark.

The latest decisions, confirmed this week, relate directly to proceedings between Aviator Studio and SPRIBE. Courts in São Paulo declined to grant interim relief in both instances, allowing Aviator Studio and its partners to continue operating while the case proceeds through the evidentiary phase.

The rulings form part of a broader legal action initiated by SPRIBE against multiple parties connected to the AVIATOR brand, including Aviator Studio, Betnacional, and Foggo Entertainment. While earlier developments focused on third-party proceedings, these latest decisions address the dispute involving Aviator Studio itself.

According to statements published by Aviator Studio, the courts’ refusal to impose urgent measures reflects a consistent judicial approach in Brazil, where requests for injunctions in this case have repeatedly been denied pending a full review of the merits.

April rulings set early direction

The latest developments build on earlier decisions in April, when both a first instance court and the São Paulo Court of Appeals rejected similar requests for urgent injunctions. Judges at both levels found no sufficient grounds to justify immediate intervention.

In those proceedings, the courts highlighted two central issues: the absence of irreparable harm and the existence of substantive legal uncertainty surrounding the AVIATOR trademark. The appeals court also noted that the dispute requires a full evidentiary analysis before any definitive conclusions can be reached.

As a result, Aviator Studio Brazil has been allowed to continue its commercial activities under the AVIATOR brand while the case advances.

Context: parallel Betnacional case

The São Paulo rulings run alongside separate proceedings involving Betnacional, where a different court reached an opposing interim conclusion. In that case, as previously reported by SiGMA News, the Court of Justice of Pernambuco granted SPRIBE an interim order restricting use of the AVIATOR trademark.

That divergence highlights the fragmented nature of early-stage judicial interpretation in Brazil’s newly regulated betting market, particularly in cases involving intellectual property and supplier relationships.

Broader implications for the market

The series of rulings underscores the complexity of trademark enforcement in Brazil’s gaming sector, where multiple parties are operating under competing claims linked to the same brand.

For now, courts in São Paulo have taken a cautious approach, declining to impose urgent restrictions while legal arguments are fully examined. The outcome of the main proceedings is expected to provide greater clarity on the scope and enforceability of trademark rights tied to widely distributed gaming content.

Further decisions across related cases are likely as the dispute continues to move through Brazil’s judicial system.

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