The Court of Justice of Pernambuco has withdrawn the preliminary injunction previously issued in favor of Spribe OÜ regarding the AVIATOR trademark dispute in Brazil. The ruling follows a recent decision by the Federal Court in Brasília that altered the legal status of the game’s trademark registration.
Justice Andrea Epaminondas Tenorio de Brito issued a monocratic decision stating that the factual and legal grounds for the initial relief no longer apply. The Pernambuco court noted that its earlier order depended on the assumption that Spribe’s registration with the Brazilian National Institute of Industrial Property remained fully valid.
The subsequent suspension of that registration removed the foundation for the injunction, prompting its cancellation under Article 296 of the Brazilian Code of Civil Procedure.
Federal Court Suspension Triggers Reversal
The reversal stems from a provisional ruling by the Federal Court in Brasília, which paused the legal effects of Spribe’s AVIATOR trademark in Brazil. That court directed Spribe to stop claiming exclusive rights based on the registration while federal nullity proceedings remain open. The Pernambuco court aligned its decision with this development, confirming that the interim measure could not stand once the underlying trademark status was placed under provisional suspension.
The AVIATOR trademark litigation in Brazil has been ongoing as federal authorities review the validity of Spribe’s registration. The Pernambuco court’s revocation leaves the dispute pending until the nullity proceedings conclude.