The ruling follows the provisional suspension of the legal effects of the AVIATOR trademark registration in Brazil while federal nullity proceedings remain ongoing.
The Court of Justice of Pernambuco (TJPE) has revoked the interim relief previously granted to Spribe OÜ in the ongoing legal dispute over the use of the AVIATOR trademark in Brazil, citing a significant change in the legal circumstances that supported the original decision.
In a monocratic ruling, Justice Andrea Epaminondas Tenorio de Brito concluded that the factual and legal grounds underpinning the preliminary injunction no longer exist.
The decision follows a ruling by the Federal Court in Brasília, which provisionally suspended the legal effects of Spribe’s AVIATOR trademark registration in Brazil. The federal court also ordered the company to refrain from asserting exclusivity rights based on that registration until the federal nullity proceedings have been concluded.
According to the Pernambuco Court, its earlier decision had been based on the assumption that Spribe’s trademark registration before the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable. However, the subsequent suspension of the registration’s legal effects by the Federal Court altered the legal framework supporting the injunction.
As a result, the court determined that the material change in circumstances warranted the revocation of the interim relief under Article 296 of the Brazilian Code of Civil Procedure, while the proceedings regarding the validity of the AVIATOR trademark continue.
