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Brazilian court revokes Spribe’s preliminary injunction
Brazil’s Court of Justice of Pernambuco has revealed that it has revoked Spribe’s preliminary injunction and canceled the legal effects of its registration of Aviator’s trademark in the country.
Initially, Spribe was granted a preliminary injunction against Aviator LLC in the IP dispute back in 2025; however, in the latest ruling by Justice Andrea Epaminondas Tenorio de Brito, the court concluded that the factual and legal factors previously supporting the injunction had fully changed.
Additionally, Spribe has been ordered to avoid claiming exclusivity of the trademark during the time of the legal proceedings, with the new ruling coming after Brasilia’s Federal Court suspended Spribe’s registration of the Aviator trademark.
According to the Pernambuco Court, the prior decision was based on Spribe’s registration with the Brazilian National Institute of Industrial Property (INPI) and the assumption that it remained enforceable and valid. With the suspension of the registration’s legal effects, the Court has now decided that the supporting circumstances for the preliminary relief no longer exist. The injunction has been revoked under Article 296 of the Brazilian Code of Civil Procedure.
The lawsuit was first filed by Aviator Studio Brazil to argue that its trademark was created years before Spribe received registration, with the court agreeing that the trademark first appeared in 2016 and was registered in Georgia in 2018, which was much earlier than Spribe’s Brazilian registration.
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