(AsiaGameHub) –   A trademark conflict concerning one of the online gaming industry’s most well-known brands has intensified in Brazil, introducing a new front in a multifaceted legal struggle. The case pits Aviator Studio Brazil against Spribe, with both parties asserting ownership of the “Aviator” brand name and associated trademarks. The latest court decision indicates a cautious approach, suggesting judges are probably awaiting more comprehensive evidence before making a final determination.

The Judges Were Cautious

Recent decisions by the São Paulo Court of Appeals have permitted Aviator Studio Brazil to maintain its operations for the time being, denying Spribe’s requests for an injunction. The judges ruled that the circumstances do not meet the criteria for urgent protective measures. Consequently, Aviator Studio Brazil is free to continue its collaborations with partners like Foggo Entertainment as the trademark case proceeds through the legal system.

The appeals court highlighted several key concerns. Initially, it cast doubt on Spribe’s claim of holding exclusive ownership rights to the Aviator brand. The judges pointed out that the legitimacy of these claims is being contested in various legal territories. They also determined there was no imminent threat of damage to Spribe, a fundamental requirement for issuing an injunction.

The licensing arrangement between Aviator LLC and Aviator Studio Brazil was identified as another factor needing deeper scrutiny, as it is directly connected to the unresolved question of brand ownership. The Aviator product, a well-known “crash game,” has gained significant traction in numerous markets, with its compelling social multiplayer gameplay appealing to a global audience.

The Aviator Brand Remains a Source of Controversy

Aviator Studio Brazil has acted swiftly to provide assurances to its partner operators, pledging to help manage any legal risks linked to the brand. For instance, NSX Betnacional was recently subject to an independent legal action initiated by Spribe. Aviator Studio Brazil stepped in, assuming control of the defense to underscore its dedication to its partners.

Aviator Studio Brazil continues to operate lawfully under licence, and we remain committed to supporting our partners and defending the AVIATOR brand.

George Pruidze, Aviator Studio CEO

The origins of the dispute date back several years and have a scope that reaches far beyond Brazil. In previous legal proceedings, Aviator LLC alleged that Spribe utilized the Aviator name without authorization, having registered the trademarks in bad faith and violating pre-existing intellectual property rights. A 2024 court ruling favored Aviator LLC, leading to monetary fines for Spribe and the cancellation of some of its trademark registrations.

Spribe persists in maintaining its position, which includes seeking provisional measures in other regions like the United Kingdom. These attempts have yielded inconsistent results, owing to a disjointed legal environment where judicial decisions can be significantly influenced by jurisdiction and timing. With neither party showing signs of conceding, the legal conflicts are expected to persist.