Brazilian Court Cancels Spribe’s Interim Relief

The Court of Justice of Pernambuco (TJPE) has revoked the preliminary appellate relief previously granted to Spribe OÜ in ongoing litigation concerning the use of the AVIATOR trademark in Brazil.

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The decision comes after the Court determined that the legal and factual circumstances underpinning the earlier injunction had changed significantly.

In a monocratic ruling issued by Justice Andrea Epaminondas Tenorio de Brito, the Court found that the basis supporting the prior injunction no longer exists. The decision follows a ruling by the Federal Court in Brasília, which provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration.

The Federal Court also ordered Spribe to refrain from asserting exclusivity rights derived from that registration until the federal nullity proceedings have been concluded.

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Court Cites Change in Legal Circumstances

The Pernambuco Court noted that its previous ruling had been based on the assumption that Spribe’s trademark registration before the Brazilian National Institute of Industrial Property (INPI) remained fully valid and enforceable.

Following the Federal Court’s decision to suspend the legal effects of the registration, the Court concluded that the circumstances supporting the preliminary relief had materially changed.

As a result, the TJPE revoked the measure pursuant to Article 296 of the Brazilian Code of Civil Procedure.

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