Aviator Studio Brazil wins two instances in São Paulo appeal court against SPRIBE injunction

Aviator Studio Brazil has obtained two consecutive favorable rulings from the São Paulo Court of Appeals, which declined to grant an injunction sought by SPRIBE against its operations, allowing the company to remain active in the market while a trademark dispute proceeds.

The decisions, issued on April 16, were in favor of the defendants overall and concluded that the conditions required for urgent judicial intervention had not been met. As a result, Aviator Studio Brazil continues its commercial activities, including partnerships with Foggo Entertainment (Blaze), while the courts examine the broader trademark dispute.

The court determined that there was no sufficient likelihood of success on the merits of SPRIBE’s claims, noting that the asserted exclusive ownership of the “AVIATOR” trademark remains subject to significant dispute both within Brazil and internationally. It also found that no imminent or irreparable harm had been demonstrated to justify an injunction.

In its reasoning, the court further acknowledged that Aviator Studio Brazil has been operating under the AVIATOR mark through a licensing arrangement with Aviator LLC, the validity and implications of which are to be assessed during the course of the proceedings.

The rulings follow a separate development announced by SPRIBE on April 15 concerning a case involving NSX Betnacional. Aviator LLC stated that neither it nor the operator had prior knowledge of those proceedings. Once informed, Aviator Studio Brazil intervened to support Betnacional and assume responsibility for defending the use of the AVIATOR brand.

In parallel with these actions, Aviator Studio Brazil noted that it has fulfilled obligations under its software licensing arrangements by supporting operator partners, including Foggo Entertainment, in relation to indemnity and legal defense tied to the use of the AVIATOR product. The company has indicated that it will continue to provide such support as proceedings continue.

Aviator LLC also referred to earlier litigation in the United Kingdom High Court, where an interim injunction obtained by SPRIBE was described as a limited procedural measure that did not address ownership rights or determine the outcome of the dispute. The company stated that the refusal of urgent relief in Brazil aligns with its position that such early-stage injunctions do not reflect the merits of the underlying case.

With no adverse findings made against Aviator LLC’s rights in Brazil to date, proceedings related to the AVIATOR trademark are ongoing across multiple jurisdictions, with courts continuing to assess the matter through standard legal processes.

Commenting on the outcome, George Pruidze, CEO at Aviator Studio, said: “Following two consecutive victories in both the trial court and appeal courts in São Paulo, it is clear there is no basis for the urgent measures sought by SPRIBE. Aviator Studio Brazil continues to operate lawfully under licence, and we remain fully committed to supporting our partners and defending the AVIATOR brand wherever necessary."

“As similar actions by SPRIBE continue to trigger proceedings in Brazil, including the ongoing matter involving Betnacional, we will continue to stand behind our partners and ensure the legitimate use of the AVIATOR brand is protected. We are confident that the same facts and legal position will continue to prevail as these cases progress.”