The Court of Justice of Pernambuco (TJPE) has rescinded a previous preliminary relief granted to Spribe OÜ amid ongoing litigation regarding its AVIATOR trademark in Brazil. This revocation arose from notable changes in the legal context that initially supported the interim ruling.
Justice Andrea Epaminondas Tenorio de Brito issued a monocratic decision confirming that the factual and legal premises of the earlier injunction are no longer applicable. This follows a judgment by the Federal Court in Brasília, which provisionally suspended the legal effects of Spribe’s registration of the AVIATOR trademark in Brazil. The Federal Court also ordered Spribe to refrain from claiming exclusivity over the trademark until the federal nullity proceedings have concluded.
In their ruling, the Pernambuco Court pointed out that the initial decision was based on the assumption that Spribe's trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid. With the recent suspension of this registration by the Federal Court, the Court concluded that the basis for the preliminary relief had fundamentally shifted, necessitating its cancellation in accordance with Article 296 of the Brazilian Code of Civil Procedure.
