Brazilian Court Revokes Preliminary Injunction for Spribe's 'Aviator' Trademark

A preliminary injunction, previously granted to Spribe OÜ concerning the use of the 'AVIATOR' trademark in Brazil, has been overturned by the Pernambuco Court of Justice. This decision directly follows an action by the Federal Court in Brasília, which provisionally put on hold the official validity of Spribe's 'AVIATOR' trademark registration within Brazil. As a result of the federal court's directive, Spribe is now restricted from claiming sole ownership rights based on this registration until the broader federal invalidation proceedings are fully concluded.

Judge Andrea Epaminondas Tenorio de Brito, presiding over the Pernambuco court, noted that the factual and legal underpinnings for the initial injunction are no longer present. The court explained that its prior ruling presumed the full validity and effectiveness of Spribe’s trademark registration with the Brazilian Property and Trademarks Office. With the subsequent federal court decision suspending the registration's legal effect, the foundation for the preliminary injunction had fundamentally altered, necessitating its revocation in accordance with Article 296 of the Brazilian Code of Civil Procedure.

This legal challenge was initiated by Aviator Studio Brasil, which presented evidence indicating that the trademark in question was established and in use several years before Spribe secured its local intellectual property protection in Brazil. The court specifically acknowledged documentation demonstrating the 'Aviator' trademark's origins in Georgia in 2016, leading to its formal registration there in 2018, significantly prior to Spribe’s Brazilian filing.

Further bolstering this position, the court also considered earlier judicial determinations from Georgia. These past rulings had previously invalidated Spribe's registration of the 'Aviator' trademark in that jurisdiction, instead affirming the rights of the initial trademark holder.

Beyond the trademark dispute, Spribe is also facing scrutiny from the Public Prosecutor’s Office of the Federal District and Territories. In June, this office launched an inquiry into the company over alleged abusive and unfair commercial practices, including claims of misleading advertising. A key allegation within this investigation is a reported discrepancy between the advertised Return to Player (RTP) rates and the actual RTP experienced by users. The Prosecutor’s Office has advised the Secretariat of Prizes and Bets to immediately halt the technical certification of Spribe’s games and to bar them from being offered by licensed operators.