Brazilian Court Cancels Spribe's Interim Relief in AVIATOR Trademark Dispute

The Court of Pernambuco, Brazil, has made an important decision in the trademark dispute surrounding the popular crash game "AVIATOR". A preliminary appellate relief previously granted to Spribe OÜ was revoked by a monocratic decision issued by Justice Andrea Epaminondas Tenorio de Brito. The Court concluded that the factual and legal basis for the prior injunction no longer exists.

This development signals a shift in the prolonged legal battle that has occupied the Brazilian gambling industry. Spribe, developer of the crash game, had previously seen its trademark rights violated by imitations.

Numbers and facts

The new judicial decision is based on a ruling by the Federal Court in Brasília. This Federal Court provisionally suspended the legal effects of Spribe's Brazilian AVIATOR trademark registration. Spribe was also ordered to refrain from asserting exclusivity based on that registration until the federal nullity proceedings are resolved. This is a crucial point in the legal dispute, as the trademark was previously considered fully valid.

The Pernambuco Court's earlier decision had relied on the presumption that Spribe's trademark registration before the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable. With the suspension by the Federal Court, this foundation materially changed, requiring the revocation of the preliminary relief pursuant to Article 296 of the Brazilian Code of Civil Procedure. This is a formal legal maneuver that could have far-reaching consequences.

Previously, in April 2026, Spribe secured an interim injunction against Flutter-owned Betnacional. The Pernambuco Court then ruled in favor of Spribe in a case filed against NSX Brasil S.A., the company behind Betnacional. NSX was legally ordered to immediately discontinue use of the Aviator trademark and similar names or visual elements. This order was subject to daily fines for non-compliance and was to remain effective pending the outcome of an appeal. Now, the tables have turned.

Background

The dispute over the "AVIATOR" trademark is a prime example of the intellectual property challenges in the rapidly growing online gambling industry. Spribe developed its crash game "Aviator" in 2018. The company considers itself the sole owner of the game globally. The dispute in Brazil was just one of several confrontations. In August 2025, Spribe also obtained an interim injunction in the UK against the Georgian company Aviator LLC. This company had attempted to introduce a copycat version of the crash game into the UK market. David Natroshvili, founder of Spribe, expressed satisfaction with that judicial decision at the time. Speaking about the UK court ruling in 2025, he said:

“I am pleased that the highly respected UK Court supports our position and has granted an injunction preventing Aviator LLC from launching and promoting its copycat game.” - David Natroshvili, Founder of Spribe

Nevertheless, Aviator LLC itself had filed a lawsuit against Spribe in Georgia. However, the court decisions there were reportedly "flawed and procedurally unsound." The latest decision in Brazil highlights the complexity of these global trademark disputes. It illustrates how quickly legal foundations can change. A legal defeat in one country can also affect other regions.

Why it matters for German players

For German players, this development in Brazil has no direct impact on playing online gambling. The German market is strictly regulated by the Gambling State Treaty 2021 (GlüStV 2021). Only online casinos with a German license from the Joint Gambling Authority of the Federal States (GGL) are allowed to offer their services here. This license ensures that providers comply with a range of requirements designed to protect players.

These include a monthly deposit limit of 1,000 Euros, monitored by the central LUGAS system, and a stake limit of one Euro per spin for online slots. The type of games offered is also regulated. Crash games are among those not listed on the GGL whitelist, which is the list of legal providers. This is due to their high addictive potential and the lack of transparency of their algorithms. Players in Germany should therefore exclusively look for offers from GGL-licensed casinos to play legally and safely. Providers that bypass these rules - often with licenses from Malta or Curaçao - are illegal in Germany. They offer no player protection according to German standards.

What it means for GGL-licensed casinos

For GGL-licensed casinos, crash games like "AVIATOR" are not permitted in Germany anyway. The decision in Brazil thus does not directly affect the operational business of German licensees. However, the case underscores the importance of clear trademark rights and the protection of intellectual property in the global gambling industry. In Germany, the protection of slot machines and software names is also an important issue for developers. Compliance with regulatory standards and the prevention of trademark infringements are crucial for market integrity, regardless of country-specific regulation. Legal disputes remain a risk for all market participants.