TJPE cites a Brasília federal ruling that suspended the legal effects of Spribe’s AVIATOR registration and barred exclusivity claims during nullity proceedings.
The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in litigation over the AVIATOR trademark in Brazil.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito held that the factual and legal basis for the earlier injunction no longer exists. The court pointed to a subsequent decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration and ordered Spribe to refrain from asserting exclusivity based on that registration while federal nullity proceedings are ongoing.
TJPE said its earlier relief relied on the presumption that Spribe’s trademark registration before Brazil’s National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court suspending the registration’s effects, the Pernambuco court found the underlying circumstances had materially changed.
The court cited Article 296 of the Brazilian Code of Civil Procedure as the basis for revoking the preliminary relief in light of the changed legal situation.
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