Spribe Loses Aviator Trademark Protection in Brazil After Court Ruling

In July 2026, a court in Pernambuco, Brazil, rescinded an interim protection order for the Estonian company Spribe OÜ. This decision follows a previous judicial order concerning the 'AVIATOR' trademark. The revocation of protection is a direct response to a suspension of the trademark registration by a federal court. This development significantly alters the legal landscape for Spribe in Brazil. Spribe is the developer behind the popular crash game Aviator.

Justice Andrea Epaminondas Tenorio de Brito made this monocratic decision. She justified the revocation by stating that the original legal and factual grounds supporting the earlier injunction no longer exist. The state court had previously granted this protection, assuming that the AVIATOR trademark registration with the Brazilian National Institute of Industrial Property (INPI) was valid and enforceable.

Numbers and facts

This assumption of validity crucially changed after a Federal Court in Brasília provisionally suspended the legal effects of the registration. This court also ordered that the Estonian developer Spribe must refrain from asserting exclusivity rights until nullity proceedings are concluded. The Pernambuco court found that this federal decision materially altered the circumstances underlying its earlier ruling. It cited Article 296 of the Brazilian Code of Civil Procedure to justify the revocation of the interim measure. The federal suspension of the trademark registration remains in force until the nullity action in Brasília is finally resolved. This signals a complex and lengthy legal dispute that could have far-reaching consequences for Spribe's presence and operations in Brazil.

Background

The loss of trademark protection for 'AVIATOR' in Brazil is a severe blow for Spribe. It concerns the legal ability to claim exclusive rights to their product. Without these rights, copycat products could flood the market, jeopardizing Spribe's revenue and market share. The court decision underscores the complexity of international trademark law, especially in rapidly growing markets like Brazil, where online gambling regulations are still evolving.

For Spribe, this means they must reconsider their strategy in Brazil. The uncertainty regarding trademark rights could deter potential partners. It might also complicate further investments in the Brazilian market.

"The legal and factual grounds supporting the earlier injunction no longer exist." - Andrea Epaminondas Tenorio de Brito, Justice at the Court of Pernambuco

This legal dispute highlights the importance of a well-founded legal strategy for international gaming providers. This is particularly essential in dynamic legal environments like Brazil.

Why it matters for German players

For German players active in online casinos, this specific case in Brazil has no direct impact. The German online gambling market is strictly regulated by the Glücksspielstaatsvertrag 2021 (GlüStV 2021). This has created clear rules for operators and players. German players should always stick to casinos listed on the whitelist of the Gemeinsame Glücksspielbehörde der Länder (GGL). Only these providers hold a valid German license.

Licensed casinos adhere to strict player protection measures. These include a betting limit of 1 Euro per spin on slot machines and a monthly deposit limit of 1,000 Euro. Furthermore, the central lock system LUGAS monitors compliance with these limits and protects against excessive gambling.

What it means for GGL-licensed casinos

GGL-licensed casinos in Germany operate under a very stable and transparent legal framework. They are not affected by trademark disputes in other jurisdictions. German providers focus on fulfilling the strict requirements of the GlüStV 2021. This includes the exclusive use of games that meet technical and regulatory standards. If a game like Aviator by Spribe were to be offered in Germany, it would first have to meet all licensing requirements of the GGL. A trademark dispute in Brazil would not change this. Players in Germany can rely on the GGL conducting strict controls. This ensures a safe and regulated gaming environment. The risk of legal uncertainties, such as those experienced by Spribe in Brazil, is borne by the providers here, not the individual player.