TLDR
- Pernambuco Court of Justice revoked the preliminary injunction it had granted Spribe over the AVIATOR trademark
- The reversal follows a Federal Court ruling in Brasília that suspended Spribe’s trademark registration
- The case centers on a dispute with Aviator Studio Brasil over who first used the Aviator name
- Records show the Aviator trademark was used in Georgia starting in 2016, before Spribe’s Brazil registration
- Brazilian prosecutors are separately investigating Spribe over alleged misleading RTP advertising
A Brazilian court has reversed a decision that had protected Spribe’s rights to the AVIATOR trademark. The Pernambuco Court of Justice issued the new ruling this week.
The court had originally granted Spribe a preliminary injunction in its trademark dispute. That injunction has now been revoked.
Judge Andrea Epaminondas Tenorio de Brito issued the decision. The judge said the basis for the earlier ruling no longer applies.
The reversal follows a separate ruling from the Federal Court in Brasília. That court suspended the legal effects of Spribe’s trademark registration.
The Federal Court also told Spribe it cannot claim exclusive rights to the AVIATOR name for now. This applies until a federal invalidation case is settled.
Why the injunction was overturned
The Pernambuco Court said its earlier decision relied on the idea that Spribe’s trademark registration was valid. That basis no longer holds after the Federal Court’s ruling.
The judge pointed to Article 296 of the Brazilian Code of Civil Procedure. This law allows courts to cancel a ruling when the facts behind it change.
The dispute traces back to a lawsuit filed by Aviator Studio Brasil. That company argued it used the Aviator name long before Spribe registered it in Brazil.
Court records show the Aviator trademark was first used in the country of Georgia. Documents point to 2016 as the starting date.
The trademark was formally registered in Georgia in 2018. Spribe registered the name in Brazil years later.
Courts in Georgia have already ruled on this issue. They invalidated Spribe’s trademark claim there and upheld the rights of the original trademark holder.
Separate investigation into advertising claims
Spribe is also facing scrutiny from Brazilian prosecutors. The Public Prosecutor’s Office of the Federal District and Territories opened an inquiry in June.
Investigators are looking into claims of misleading advertising. They are also examining unfair commercial practices tied to the company’s games.
One focus is the game’s Return to Player rate, known as RTP. Prosecutors allege a gap between the advertised rate and the rate players actually experienced.
The Prosecutor’s Office asked regulators to act quickly. It recommended that the Secretariat of Prizes and Bets suspend the technical certification of Spribe’s games.
The office also recommended banning the games from licensed operators. That request is separate from the trademark case but adds pressure on the company.
For now, the trademark case remains open. A federal invalidation proceeding will decide the final outcome of Spribe’s registration in Brazil.
