A Brazilian federal court has rejected SPRIBE’s motion seeking clarification in the ongoing AVIATOR trademark dispute. The decision leaves in place an interim order suspending the effect of SPRIBE’s Brazilian trademark registration.
The case is being heard by the 18th Federal Civil Court of the Federal District in Brasília, where Aviator Studio Brazil is challenging SPRIBE’s trademark registration and seeking its invalidation.
Court rejects SPRIBE clarification request
Judge Arthur Pinheiro Chaves rejected SPRIBE’s Embargos de Declaração, a procedural motion under Brazilian law used to address omissions, contradictions, obscurities or material errors in a court decision.
The court said the motion could not be used to challenge the substance of the earlier ruling. Any attempt to contest the merits must follow the appropriate procedural route.
The June interim order therefore remains effective. It suspends the effects of Brazilian trademark registration No. 501759803, meaning SPRIBE cannot currently rely on that registration to assert exclusive rights to the AVIATOR mark while the federal case continues.
How the Brazilian dispute developed
In April, SPRIBE secured an interim injunction against Betnacional over the use of the AVIATOR brand. After the federal court suspended the effect of SPRIBE’s trademark registration in June, however, the Court of Justice of Pernambuco revoked the preliminary relief previously granted to the company in July.
That is a separate proceeding, and the latest federal decision does not resolve the broader dispute over ownership of the AVIATOR mark.
Aviator Studio Brazil claims that the brand existed and was used before SPRIBE obtained trademark protection in Brazil. Evidence considered in the earlier proceedings indicated that the AVIATOR brand originated in Georgia in 2016 and was formally registered there in 2018.
AVIATOR dispute remains unresolved
The interim order specifically affects SPRIBE’s ability to rely on its Brazilian trademark registration as the basis for exclusive rights. The underlying questions of ownership and infringement have not yet been finally decided.
The dispute is also continuing in other jurisdictions. In May 2026, the UK High Court issued a procedural ruling favourable to SPRIBE in separate AVIATOR litigation, while leaving ownership and infringement issues for trial.
SPRIBE can continue challenging the Brazilian ruling through the appropriate legal procedures, but for now it cannot rely on suspended registration No. 501759803 to assert exclusive rights to AVIATOR in Brazil.
Source: SiGMA World
