The trademark dispute between SPRIBE and Aviator Studio continues to evolve as a Brazilian court recently revoked an interim injunction previously granted to Spribe OÜ. The ruling centers on the use of the “Aviator” name in Brazil and follows a previous Federal Court decision that suspended Spribe’s ability to use its Brazilian trademark registration as the broader lawsuit proceeds.
A Previous Ruling Made the Injunction Unnecessary
According to the Court of Justice of Pernambuco, there was no reason to keep the order in place in light of recent developments. According to Judge Andrea Epaminondas Tenorio de Brito, the original ruling assumed that Spribe’s original trademark in Brazil remained valid and enforceable. However, a recent ruling by the 18th Federal Civil Court of the Federal District significantly changed the overall situation.
The June ruling effectively revoked Spribe’s exclusive control over the Aviator brand until the overarching trademark lawsuit reached its conclusion. The company remains locked in a protracted legal fight with competitor Aviator Studio, which insists that the brand is several years older than what Spribe claims. Brazil has emerged as one of many battlegrounds for the trademark dispute.
With the injunction revoked and its trademark rights temporarily suspended, Spribe will likely have a much harder time enforcing its claims to the Aviator trademark. According to Aviator Studio, Spribe had taken aggressive measures against operators, pressuring them to abandon the Aviator name. Now that the injunction is gone, such companies face much less uncertainty.
The Legal Battle Rages On
Despite this newest ruling, the legal fight in Brazil and in other jurisdictions is far from over. Brazil’s federal court recently noted that earlier rulings in Georgia have favored Aviator Studio, which motivated its decision regarding Spribe’s trademark rights in the country. Despite these setbacks, however, the final ruling could still go either way.
In the United Kingdom, a court took a more measured approach, rejecting Aviator Studios’ bid to fast-track the brand ownership dispute. The court justified its decision by pointing out that any decision could have significant repercussions in multiple foreign jurisdictions. It also noted that any case connected to foreign law required careful examination.
Overall, the decision to scrap Spribe’s injunction merely ties up loose ends in the company’s ongoing legal battle against Aviator Studio and does not represent meaningful change. While legal proceedings are heating up in several countries, it is unlikely that the dispute will be resolved any time soon. In the meantime, at least in Brazil, the Aviator trademark will likely become much less restrictive.