Brazil court cancels SPRIBE interim relief over Aviator trademark dispute
Aviator Studio says the Court of Justice of Pernambuco (TJPE) has revoked interim relief previously granted to SPRIBE against Betnacional over the use of the Aviator trademark in Brazil. According to the Georgian game provider, TJPE cancelled the preliminary appellate relief that had earlier supported SPRIBE in proceedings linked to the use of the Aviator mark. The company said the decision followed a change in the legal circumstances that had supported the earlier order.
This recent turn marks another turning point in the ongoing legal dispute in Brazil over the Aviator trademark, in a market that is becoming increasingly important for international companies operating in the betting and gambling sector. The case has attracted considerable interest due to its implications for the use and enforceability of trademarks relating to one of the industry’s best-known video game titles.
Court cites change in legal basis
The latest development follows a separate decision by a federal court in Brasília that provisionally suspended the legal effect of SPRIBE’s Brazilian Aviator trademark registration with Brazil’s National Institute of Industrial Property (INPI). That order also required SPRIBE not to rely on the exclusivity granted by the registration while the nullity proceedings continue.
The earlier order had supported SPRIBE’s Aviator trademark registration in Brazil, which remained valid. After the federal court temporarily suspended the effect of that registration, there was no longer the same reason to keep the order in place. Regarding this latest decision, Aviator Studio says it was issued by Justice Andrea Epaminondas Tenorio de Brito.
UK proceedings remain separate
The Brazilian dispute is running alongside separate proceedings in the UK between SPRIBE and Aviator Studio. In that case, the UK High Court ruled that certain aspects of the dispute should be decided under foreign law rather than solely under English law.
The decision was procedural and did not decide who owns the Aviator rights. Ownership and infringement issues were left for a full trial. However, the ruling prevented the Georgian company from narrowing the case to a purely English-law issue.
According to the UK ruling, earlier Georgian judgments could not simply be ignored, as the claims concern rights that may apply in several countries that are signatories to the Berne Convention. For SPRIBE, this means the wider international context of the dispute remains relevant to the case. For Aviator Studio, the decision was a procedural setback, although the court did not make any final finding on ownership.
Aviator brand remains central in the dispute
The ruling does not settle the wider trademark dispute in Brazil, but it comes at a time when the Aviator name remains highly visible in the online betting and gaming sector. Aviator-style crash games have become one of the most recognisable formats in the market, with operators using them as they appeal to players seeking fast-paced, simple game mechanics.
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