The Court of Justice of Pernambuco (TJPE) has overturned the preliminary appellate relief it previously granted to Spribe OÜ in an ongoing legal dispute over the AVIATOR trademark in Brazil. This development comes after a notable shift in the legal landscape that underpinned the earlier ruling.
In a recent monocratic ruling by Justice Andrea Epaminondas Tenorio de Brito, the Court determined that the reasons justifying the initial injunction are no longer applicable. This decision follows a recent ruling from the Federal Court in Brasília, which provisionally suspended the effects of Spribe's AVIATOR trademark registration in Brazil and instructed the company not to claim exclusivity based on this registration pending the resolution of the federal nullity proceedings.
The Pernambuco Court noted that its earlier decision was based on the assumption that Spribe's trademark registration, approved by the Brazilian National Institute of Industrial Property (INPI), was completely valid and enforceable. With the Federal Court's suspension of that registration's legal effects, the Court concluded that the foundation for the preliminary relief had significantly changed, necessitating its cancellation in accordance with Article 296 of the Brazilian Code of Civil Procedure.
