Aviator Studio Brazil Secures Two Consecutive Wins in São Paulo Appeal Court Over SPRIBE Injunction

(AsiaGameHub) –   Aviator Studio Brazil has successfully obtained two back-to-back court rulings in São Paulo, Brazil, that have blocked SPRIBE’s efforts to secure an injunction against its business activities.

On April 16, the São Paulo Court of Appeals (2nd Reserved Chamber of Business Law) issued rulings that largely favored the defendants. The court denied the request for an injunction against the group, permitting Aviator Studio Brazil to maintain its market operations alongside partners like Foggo Entertainment (Blaze) while the wider trademark dispute proceeds through standard legal channels.

 Contextualising Separate Proceedings

This win in the group litigation comes after SPRIBE announced on April 15 a distinct case involving NSX Betnacional. Aviator LLC stated that initially, neither the firm nor the operator had knowledge of those specific legal actions. Upon becoming aware of the separate issue, Aviator Studio Brazil promptly moved to take charge of defending the brand’s lawful use, supplying NSX Betnacional with necessary legal assistance. 

Key Court Findings

 The Court of Appeals grounded its ruling on the following primary observations:

• Lack of likelihood of success on the merits: Although SPRIBE asserts it holds exclusive rights to the “AVIATOR” trademark, the court noted significant debate regarding the legitimacy of these claims within Brazil and abroad.
• Absence of irreparable harm: The court concluded that there is no immediate or irreparable damage present to warrant urgent judicial intervention.
• Valid licensing: The court highlighted that Aviator Studio Brazil is conducting business under the “AVIATOR” name pursuant to a licence from Aviator LLC, the specifics and validity of which will be assessed during the trial. 

Protecting the AVIATOR Ecosystem

By meeting all indemnification and defence requirements stipulated in its Software Licence Agreement, Aviator Studio Brazil entered the proceedings to back its operator partners, such as Foggo Entertainment (Blaze).

The company has declared its complete support for its partners, accepting the duty to defend, indemnify, and protect them concerning the utilization of the AVIATOR brand and product. This action underscores the firm’s enduring dedication to safeguarding its partners and the stability of the AVIATOR ecosystem.

Regarding the situation with NSX Betnacional, Aviator LLC verified that neither party was initially aware of the legal proceedings.

Once informed, Aviator Studio Brazil acted swiftly to assist its partner Betnacional and take on the responsibility of protecting the authorized use of the AVIATOR brand.

International Context

Aviator LLC remarked that these results bolster its established view that motions for preliminary injunctions do not accurately represent the case’s merits. This aligns with prior events in the UK High Court, where an interim injunction secured by SPRIBE was characterized as a limited procedural measure unrelated to ownership or the dispute’s ultimate resolution.

With no rulings against Aviator LLC’s fundamental rights in Brazil and courts refusing to grant emergency relief, the firm persists in its operations, staying assured of its legal standing as lawsuits advance in various jurisdictions.

Commenting on the decision, George Pruidze, CEO at Aviator Studio, said:

After securing two successive wins in the São Paulo trial and appellate courts, it is evident that the urgent measures SPRIBE seeks are unfounded. Aviator Studio Brazil continues to operate legally under licence, and we remain dedicated to backing our partners and upholding the AVIATOR brand wherever needed. As SPRIBE’s similar actions continue to spark litigation in Brazil, including the current case with Betnacional, we will stand by our partners to ensure the rightful use of the AVIATOR brand is upheld. We are confident that our legal stance and the facts will continue to succeed as these cases move forward.