The Pernambuco Court of Justice has quashed the preliminary injunction that had favored Spribe OÜ in its legal battle over the AVIATOR trademark in Brazil. This move comes after major legal developments altered the basis for the original decision. Judge Andrea Epaminondas Tenorio de Brito noted that the initial grounds supporting the injunction no longer stand. This decision aligns with a recent ruling by the Federal Court in Brasília, which temporarily suspended Spribe’s AVIATOR trademark registration, prohibiting the company from asserting exclusive rights tied to that registration until the federal case is settled.
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Trademark Registration Under Scrutiny
Spribe’s earlier legal advantage stemmed from its active trademark registration with Brazil’s Property and Trademarks Office. However, the Federal Court’s suspension of this registration’s legal effects prompted the Pernambuco Court to reconsider. Still, article 296 of the Brazilian Code of Civil Procedure was cited as the procedural basis for this reconsideration. The Federal Court’s decision reflects growing scrutiny on whether Spribe’s claim to the AVIATOR mark was justified, particularly in light of new evidence.
Investigation of Commercial Practices
In a related twist, the Public Prosecutor’s Office of the Federal District and Territories has launched an investigation into Spribe for allegedly misleading advertising and unfair commercial practices. This inquiry includes accusations that Spribe misrepresented the RTP (Return to Player) of its games. The Prosecutor’s Office has urged the Secretariat of Prizes and Bets to revoke Spribe’s technical certifications and prohibit their games from licensed operators, adding another layer of complexity to Spribe’s challenges in Brazil.
Historical Context and International Implications
The dispute over the AVIATOR trademark didn’t originate in Brazil. According to court documents, the AVIATOR trademark was first used in Georgia in 2016 and registered there in 2018, well before Spribe sought protection in Brazil. The Brazilian court considered prior rulings from Georgia that annulled Spribe’s claims and recognized the original holder’s rights. This cross-border conflict highlights the challenges of international trademark disputes in the gaming industry, an area where historical precedence often weighs heavily on legal outcomes.
What’s Next for Spribe
The current legal proceedings are far from over. The Federal Court’s suspension of the AVIATOR trademark’s legal effects remains pending a final decision. This ongoing case could have major implications for how trademarks are handled in Brazil, especially as international gaming companies continue to navigate the complexities of local regulations. The court has not yet indicated when a final ruling might be expected, leaving Spribe’s future in the Brazilian market uncertain.
Garry Sputnim is a seasoned journalist and storyteller with over a decade of experience in the trenches of global news. With a keen eye for uncovering stories that resonate, Alex has reported from over 30 countries, bringing light to untold narratives and the human faces behind the headlines. Specializing in investigative journalism, Garry has a knack for technology and social justice issues, weaving compelling narratives that bridge tech and humanity. Outside the newsroom, Garry is an avid rock climber and podcast host, exploring stories of resilience and innovation.
