The Court of Justice of Pernambuco (TJPE) has revoked preliminary appellate relief previously granted to Spribe OÜ in ongoing litigation over the use of the AVIATOR trademark in Brazil, citing a change in the legal circumstances supporting the earlier decision.
In a monocratic decision, Justice Andrea Epaminondas Tenorio de Brito concluded that the factual and legal basis for the prior injunction no longer exists. The ruling follows a decision by the Federal Court in Brasília that provisionally suspended the legal effects of Spribe’s Brazilian AVIATOR trademark registration.
According to the press release, the federal court also ordered Spribe to refrain from asserting exclusivity based on that registration until the federal nullity proceedings are resolved.
TJPE said its earlier decision had relied on the presumption that Spribe’s trademark registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable. With the federal court now suspending the legal effects of that registration, the Pernambuco court held that the foundation for interim relief had materially changed, prompting revocation under Article 296 of the Brazilian Code of Civil Procedure.
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