Spribe OÜ’s interim relief in Brazil has been revoked after the Court of Justice of Pernambuco determined that the circumstances supporting the original decision had changed.
The ruling was issued by Justice Andrea Epaminondas Tenorio de Brito, who found that the previous legal justification for granting Spribe temporary protection was no longer applicable.
The decision follows a Federal Court ruling in Brasília that suspended the effects of Spribe’s AVIATOR trademark registration in Brazil on a provisional basis. The federal ruling also prevented Spribe from enforcing exclusivity claims linked to the registration while nullity proceedings remain ongoing.
TJPE highlighted that its previous decision relied on the validity and enforceability of Spribe’s registration with the Brazilian National Institute of Industrial Property (INPI). With that status temporarily altered by the Federal Court decision, the Pernambuco Court concluded that the original basis for the injunction had ceased to exist and revoked the relief under Article 296 of the Brazilian Code of Civil Procedure.