São Paulo court rejects SPRIBE injunction against Aviator Studio
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- The São Paulo Court of Appeals has upheld a first-instance ruling rejecting SPRIBE’s bid to suspend Aviator Studio Brazil’s operations in the country.
- The decisions allow Aviator Studio Brazil and operator partner Foggo Entertainment (Blaze) to continue offering the product while the broader trademark dispute proceeds.
- The rulings are the latest chapter in a multi-jurisdiction IP battle that originated in Georgia in 2024, with conflicting court outcomes now emerging across Brazil.
Aviator Studio Brazil has won at both trial and appellate level in São Paulo after the 2nd Reserved Chamber of Business Law at the São Paulo Court of Appeals upheld a prior first-instance ruling on 16 April, rejecting SPRIBE‘s attempt to obtain emergency measures against its operations in the country.
Aviator Studio Brazil can continue operating with partners including Foggo Entertainment (Blaze) while the underlying trademark dispute is examined through the normal judicial process.
Brand’s disputed origins
The conflict between Aviator LLC and SPRIBE traces back to the origins of the crash game itself. According to Aviator LLC, the Aviator name and logo were created in 2016-2017 by Georgian businessman Teimuraz Ugulava and registered as a trademark in 2018 through his company City Loft.
In 2018, Ugulava’s Adjarabet platform co-financed the development of a crash game with the newly formed SPRIBE OÜ, launching it in January 2019. When Adjarabet was sold to Flutter Entertainment later in 2019, the rights to the Aviator trademark were not included in the sale, and in 2022 all related IP was transferred to Aviator LLC.
SPRIBE disputes this account, maintaining it created the Aviator crash game and holds sole global ownership of the product and its IP. The company has described the Georgian legal proceedings as procedurally flawed and limited in scope to a specific logo used within Georgia, with no bearing on ownership of the game itself.
In August 2024, Georgia’s Court of First Instance found that SPRIBE had committed copyright and trademark infringement, invalidated its trademark registrations and awarded Aviator LLC $330 million in damages.
In May 2025, Georgia’s Supreme Court dismissed SPRIBE’s appeal as inadmissible, finalising the invalidation of SPRIBE’s trademarks in that jurisdiction. The dispute then extended to the UK, where SPRIBE obtained an interim injunction blocking Aviator LLC from promoting a competing crash game, pending a full IP trial later in 2026 or early 2027.
Aviator LLC argued the UK order was a narrow procedural step with no bearing on the ownership question. SPRIBE’s UK Gambling Commission licence was also suspended and later reinstated in March 2026 following a separate technical compliance issue.
São Paulo rejects urgent relief
The São Paulo courts identified three grounds for denying SPRIBE’s injunction request. Judges found substantial controversy over SPRIBE’s claimed exclusive ownership of the “Aviator” trademark both domestically and internationally, meaning the company had failed to demonstrate a likelihood of success on the merits.
The court also determined there was no imminent or irreparable harm justifying emergency intervention. Additionally, it noted that Aviator Studio Brazil has been operating under a licence from Aviator LLC, the validity of which will be assessed as the case proceeds.
The presiding appeal judge also took into account prior litigation in Georgia, and noted that the word “aviator” carries common usage connotations in aviation-themed games, which could limit the scope of trademark protection under Brazilian law.
Pernambuco injects conflict
The São Paulo outcome stands in contrast to a concurrent ruling elsewhere in Brazil. On 16 April, the Court of Justice of Pernambuco issued an interim injunction against Flutter-owned NSX Brasil S.A., the company behind Betnacional, ordering it to immediately cease use of the Aviator trademark and any similar signs, with daily fines for non-compliance.
That court based its order on SPRIBE’s registered trademark with Brazil’s National Institute of Industrial Property (INPI), though INPI registration does not constitute a final determination of global ownership.
Aviator Studio Brazil said it was not initially aware of the Pernambuco proceedings. Once informed, the company stepped in to assume full legal responsibility for defending Betnacional’s use of the brand under the terms of its Software Licence Agreement.
George Pruidze, CEO at Aviator Studio, said:
“Following two consecutive victories in both the trial court and appeal courts in São Paulo, it is clear there is no basis for the urgent measures sought by SPRIBE. Aviator Studio Brazil continues to operate lawfully under licence, and we remain fully committed to supporting our partners and defending the Aviator brand wherever necessary.
“As similar actions by SPRIBE continue to trigger proceedings in Brazil, including the ongoing matter involving Betnacional, we will continue to stand behind our partners and ensure the legitimate use of the Aviator brand is protected. We are confident that the same facts and legal position will continue to prevail as these cases progress.”
Operators face conflicting signals
With proceedings active across Georgia, the UK and multiple Brazilian states, operators in Brazil’s newly regulated market face genuinely conflicting judicial signals. The São Paulo court’s scepticism toward SPRIBE’s trademark claims stands against the Pernambuco injunction, which SPRIBE will point to as reinforcing its position.
The full trademark hearing in São Paulo and the UK IP trial will ultimately carry the greatest commercial weight for suppliers and operators across multiple markets. These rulings are interim measures; the underlying trademark disputes remain ongoing and subject to further appeals and trials.
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