Aviator Studio Brazil wins two consecutive instances in the São Paulo Court of Appeals against Spribe’s injunction
Aviator Studio Brazil Ltda. obtained favorable decisions at two levels of the São Paulo Judiciary against Spribe’s attempt to suspend its operations. The first instance judge and the 2nd Chamber of Business Law of the São Paulo Court of Appeals rejected the requests for urgent injunctions. The company can continue its commercial activities while the dispute over the AVIATOR brand is processed in court.
“Another attempt by Spribe to deceive the sector fails, with two consecutive instances rejecting the request for an injunction,” commented a representative of Aviator.
Spribe requested urgent measures both in the first instance and on appeal. The courts denied the requests. The appeals court judge determined that there is no serious or irreparable harm that justifies immediate judicial intervention. Aviator Studio Brazil operates in Brazil under a license granted by Aviator LLC.
Arguments supporting the decisions
The court of first instance established conclusions later confirmed by the Court of Appeals. The judges identified a lack of likelihood of success on the merits of Spribe’s claim. The company claims exclusive ownership of the trademark “AVIATOR”. The court found substantial controversy regarding the validity of these rights, both in Brazil and internationally.
The absence of irreparable harm was another central basis. The Judiciary determined that there is no imminent harm that justifies immediate intervention. The judges emphasized that Aviator Studio Brazil LTDA operates commercially under the “Aviator” trademark based on a license from Aviator LLC. The regularity of this license will be examined during the process.
Aviator Studio Brazil participated in the legal proceedings. The company provided support to Foggo Entertainment (Blaze). The company has fulfilled all indemnification and defense obligations stipulated in its Software License Agreement. The company has assumed responsibility to defend, indemnify, and protect its partners from any damages related to the use of the AVIATOR brand and products.
Similar tricks by Spribe resulted in lawsuits emerging in Brazil. An ongoing case involves Betnacional. Aviator Studio CEO George Pruidze stated: “As similar tricks by Spribe lead to emerge proceedings in the Brazilian – including the ongoing matter involving Betnacional, Aviator Studio Brazil remains fully committed to supporting its partners and defending the AVIATOR brand wherever necessary. Following consecutive victories in both the trial court and appeal courts in São Paulo, Aviator Studio is confident that the same facts, evidence, and legal position will continue to prevail in future proceedings.”
George Pruidze added: “It is worth noting that neither Betnacional nor Aviator Studio Brasil were aware of the lawsuit or legal action. As soon as the matter came to light, Aviator Studio Brasil immediately mobilized to support its partner and assume responsibility for defending the legitimate use of the AVIATOR brand.”
The company maintains a stance of full support for its commercial partners who use the AVIATOR brand in the Brazilian market.
