The 2nd Reserved Chamber of Business Law rejected in two consecutive rulings the preliminary injunction requested by Spribe, allowing Aviator Studio Brazil to continue operating in the market.
Aviator Studio Brazil has obtained two consecutive favorable court decisions in São Paulo in its dispute with Spribe over the use of the “Aviator” trademark. The rulings, issued on 16 April by the 2nd Reserved Chamber of Business Law of the São Paulo Court of Appeals, rejected Spribe’s request for injunctive relief against the group, allowing Aviator Studio Brazil to continue operating in the Brazilian market alongside partners such as Foggo Entertainment (Blaze) while the substantive dispute over trademark ownership is resolved through ordinary legal proceedings.
The court based its decision on three main arguments. First, it found that there is substantial controversy over the validity of Spribe’s exclusive rights to the “Aviator” trademark, both nationally and internationally, which weakens the likelihood of success on the merits. Second, it considered that no imminent or irreparable harm had been demonstrated to justify urgent intervention. Third, the court emphasized that Aviator Studio Brazil operates commercially under the “Aviator” brand pursuant to a license granted by Aviator LLC, whose validity and effects must be examined during the main proceedings.
This procedural victory comes just days after Spribe announced, on 15 April, an independent action involving NSX Betnacional. According to Aviator LLC, neither the company nor the operator had prior knowledge of that action. Once informed, Aviator Studio Brazil immediately stepped in to assume the defense of the legitimate use of the brand, providing NSX Betnacional with full legal support.
Aviator Studio Brazil has joined the proceedings and supported its operator partners, including Foggo Entertainment (Blaze), fulfilling its contractual obligations of indemnification and defense under its software licensing agreement. The company stated that it fully supports its partners, assuming responsibility for defending and indemnifying them in relation to the use of the “Aviator” brand and product.
“After two consecutive victories both at first instance and at the Court of Appeals in São Paulo, it is clear that there is no basis for the urgent measures requested by Spribe. Aviator Studio Brazil continues to operate legally under license, and we remain fully committed to supporting our partners and defending the Aviator brand wherever necessary,” said George Pruidze, CEO of Aviator Studio.
At the international level, Aviator LLC has stated that these outcomes reinforce its position that attempts to obtain early injunctive relief do not reflect the merits of the case. The company recalled that in previous proceedings before the High Court of Justice of England and Wales, a provisional injunction obtained by Spribe was clarified as a limited procedural step, with no impact on ownership or the final outcome of the dispute.
With no rulings against Aviator LLC’s underlying rights in Brazil and courts refusing to grant urgent measures, the company continues its operations while maintaining confidence in its legal position as proceedings advance across multiple jurisdictions.
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