Pernambuco Court Rescinds Spribe's Interim AVIATOR Trademark Protection in Brazil
2026-07-09
Source: iGamingNews.com
The Court of Justice of Pernambuco has revoked preliminary relief for Spribe OÜ regarding the AVIATOR trademark in Brazil, following a Federal Court decision to suspend the trademark's registration. This means Spribe can no longer assert exclusivity based on that registration until federal nullity proceedings are resolved.
The Court of Justice of Pernambuco (TJPE) has officially withdrawn the preliminary appellate injunction previously granted to Spribe OÜ, relating to its use of the AVIATOR trademark within Brazil. This reversal comes after a pivotal shift in the legal foundation that initially supported the earlier judicial relief.
Justice Andrea Epaminondas Tenorio de Brito issued a monocratic decision, concluding that the factual and legal premises for the earlier injunction are no longer valid. This development stems from a recent judgment by the Federal Court in Brasília, which provisionally suspended the official effects of Spribe's AVIATOR trademark registration in Brazil. Consequently, Spribe has been instructed to refrain from asserting exclusive rights based on this registration until federal nullity proceedings are finalized.
The Pernambuco Court underscored that its prior ruling was predicated on the assumption that Spribe's trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully effective and legally enforceable. With the Federal Court subsequently suspending the legal standing of that registration, the TJPE determined that the fundamental basis for the interim relief had undergone a substantial alteration, necessitating its revocation as per Article 296 of the Brazilian Code of Civil Procedure.