Rulings enable Aviator Studio Brazil to keep operating while the São Paulo Court of Justice reviews the trademark dispute with Spribe
The São Paulo Court of Justice (TJSP) has upheld the continued operation of the Aviator game in Brazil after rejecting attempts by Spribe to suspend Aviator Studio Brazil’s activities in the country. The latest ruling, issued by the 2nd Reserved Chamber of Business Law, confirms the lower court’s decision and denies the request for an injunction to remove the product from the market.
In practical terms, the court found no risk of irreparable harm that would justify an immediate suspension of operations. It also highlighted the existence of significant disputes regarding the ownership of the “Aviator” trademark, both in Brazil and internationally.
According to the ruling, the game has been commercially operated in Brazil for years under a licensing agreement with Aviator LLC. The judiciary also determined that any potential damages claimed by the plaintiff could be financially compensated at the conclusion of the case, eliminating the need for urgent intervention.
An international dispute
The Brazilian case is part of a broader global dispute over the ownership of the Aviator game. Documents submitted in court indicate that the matter has already been reviewed across three judicial levels in Georgia, including the Supreme Court, with decisions unfavorable to Spribe, which was ordered to pay approximately $330 million in damages to Aviator LLC.
In Brazil, the trademark registration is also under administrative review before the National Institute of Industrial Property (INPI). In his report, Judge Ricardo José Negrão Nogueira emphasized that Aviator Studio Brazil operates commercially under the “Aviator” brand (Authorization SPA/MF No. 471), offering the game through a licensing agreement with developer Aviator LLC, in compliance with regulatory requirements set out in Ordinance SPA/MF No. 300/2024.
The court further noted that the term “Aviator” carries a common evocative meaning linked to aviation, which may limit the possibility of absolute exclusivity over the brand. It also considered the practical consequences of a potential suspension, warning that removing the game from the market could lead to significant economic impacts and distortions in competition.
Upon becoming aware of the ongoing case, Aviator Studio Brazil formally joined the proceedings, assuming full responsibility for its defense and reaffirming its commitment to its commercial partners, including Foggo Entertainment —under the Blaze brand— and Betnacional, which is also facing a similar lawsuit filed by Spribe in Pernambuco.
“As similar actions by Spribe continue to emerge in Brazil, Aviator Studio Brazil remains fully committed to supporting its partners and defending the AVIATOR brand whenever necessary,” said George Pruidze, CEO of Aviator Studio. He added that the company is confident that the same facts, evidence, and legal grounds will continue to prevail in future cases.
With both first and second instance rulings in its favor, the Aviator game will remain available in the Brazilian market while the courts assess the merits of the dispute.
