Brazilian Court Withdraws Spribe’s Interim Protection in AVIATOR Trademark Dispute
The Court of Justice of Pernambuco (TJPE) has revoked the interim appellate relief previously granted to Spribe OÜ in its ongoing legal dispute over the AVIATOR trademark in Brazil.
The decision, issued by Justice Andrea Epaminondas Tenorio de Brito, determined that the circumstances supporting the original injunction had changed significantly, meaning the legal grounds for maintaining the protection were no longer valid.
The ruling follows a decision from the Federal Court in Brasília, which temporarily suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration and prevented the company from relying on trademark exclusivity while separate nullity proceedings continue.
TJPE stated that its original ruling was based on the assumption that Spribe’s trademark registration with the Brazilian National Institute of Industrial Property (INPI) remained fully valid and enforceable. Following the federal court’s intervention, the Pernambuco Court concluded that the foundation of its earlier decision had materially changed and revoked the interim measure under Article 296 of the Brazilian Code of Civil Procedure.