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

The rulings, delivered by the São Paulo Court of Appeals (2nd Reserved Chamber of Business Law) on 16 April, were in favour of the defendants overall. The court rejected the injunction request against the group, allowing Aviator Studio Brazil to continue operating in the market with partners such as Foggo Entertainment (Blaze) while the broader trademark dispute is examined through the normal judicial process.

Contextualising Separate Proceedings

This victory in the group proceedings follows an announcement by SPRIBE on 15 April regarding a separate matter involving NSX Betnacional. Aviator LLC clarified that neither the company nor the operator were aware of those specific proceedings initially. As soon as that separate matter became known, Aviator Studio Brazil immediately took action to assume responsibility for defending the legitimate use of the brand, providing NSX Betnacional with all legal support required.

Key Court Findings

The Court of Appeals based its decision on the following key findings:

• Lack of likelihood of success on the merits: While SPRIBE claims exclusive ownership of the "AVIATOR" trademark, the court found substantial controversy regarding the validity of those rights both domestically and internationally.
• Absence of irreparable harm: The court determined there is no imminent or irreparable harm that would justify immediate intervention.
• Valid licensing: The court emphasised that Aviator Studio Brazil has been commercially operating under the "AVIATOR" mark based on a licence from Aviator LLC, the regularity and effects of which shall be examined during the proceedings.

Protecting the AVIATOR Ecosystem

Aviator Studio Brazil joined the proceedings and supported its operator partners, including Foggo Entertainment (Blaze) by fulfilling all indemnity and defence obligations under its Software Licence Agreement.

The company has affirmed that it stands fully behind its partners, taking responsibility to defend, indemnify, and hold them harmless in relation to the use of the AVIATOR brand and product. This reinforces the company’s long-term commitment to protecting its partners and the integrity of the AVIATOR ecosystem.

In relation to the NSX Betnacional matter, Aviator LLC confirmed that neither it nor Betnacional were aware of the proceedings initially.

As soon as the matter became known, Aviator Studio Brazil immediately took action to support its partner Betnacional and assume responsibility for defending the legitimate use of the AVIATOR brand.

International Context

Aviator LLC stated that these outcomes reinforce its long-standing position that attempts to secure early-stage injunctions are not reflective of the merits of the case. This follows earlier proceedings in the United Kingdom High Court, where an interim injunction obtained by SPRIBE was clarified as a narrow procedural step with no bearing on ownership or the final outcome of the dispute.

With no findings made against Aviator LLC’s underlying rights in Brazil and courts declining to grant urgent relief, the company continues its operations while remaining confident in its legal position as proceedings progress across multiple jurisdictions.

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.”