Aviator Studio Brazil has won two consecutive decisions in São Paulo rejecting SPRIBE’s request for an injunction aimed at stopping its operations, according to the company.
The latest ruling came from the São Paulo Court of Appeals (2nd Reserved Chamber of Business Law) on 16 April. The court declined to grant urgent relief and allowed Aviator Studio Brazil to continue operating with partners including Foggo Entertainment (Blaze) while the broader AVIATOR trademark dispute proceeds through the judicial process.
In its decision, the Court of Appeals cited three points highlighted by Aviator Studio Brazil: controversy over SPRIBE’s claimed exclusive rights to the “AVIATOR” trademark, no showing of imminent or irreparable harm, and the fact that Aviator Studio Brazil is operating under a licence from Aviator LLC, the effects of which will be assessed during the case.
The company also referenced a separate proceeding that SPRIBE announced on 15 April involving NSX Betnacional. Aviator LLC said neither it nor Betnacional were initially aware of that matter, and stated that once it became known, Aviator Studio Brazil moved to support Betnacional and assume responsibility for defending use of the AVIATOR brand.
Commenting on the decision, 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.”
