A court in the Brazilian state of Pernambuco has issued an interim injunction requiring Betnacional to cease use of the “Aviator” name following a legal challenge from games developer Spribe OÜ.
On Wednesday, the Court of Justice of Pernambuco (TJPE) ruled in favour of Spribe in a case filed against Flutter-owned NSX Brasil S.A., the company behind Betnacional.
The court ordered NSX to immediately discontinue use of the Aviator trademark, including any “identical or confusingly similar signs,” and to cease reproducing any related visual, graphical, or audiovisual elements connected to Spribe’s product.
The injunction carries daily fines for non-compliance and will remain effective pending the outcome of an appeal.
Basis for the dispute
Spribe’s contention rests on its legally registered trademark for “Aviator”, its smash hit crash game which is available in a number of global markets. In Brazil the game is trademarked with the National Institute of Industrial Property (INPI). The court’s decision affirmed the developer’s claim of trademark ownership.
The dispute centred on a similar crash-style game offered on Betnacional’s platform under the “Aviator” name, attributed to NSX by a provider called “Aviator Studio.”
Spribe alleged that this was an unauthorised reproduction of its own title, which it developed in late 2018.
Notably, Spribe contended that Betnacional had been an authorised licensee of Aviator since 2022, and this disputed offering deviated from that licensing arrangement.
In a statement on the ruling, Spribe said: “This interim decision in Brazil marks a significant milestone in SPRIBE’s worldwide strategy to safeguard its assets. The company is actively monitoring markets across all continents and will continue to enforce its trademark and copyright protections in every jurisdiction.
“SPRIBE remains committed to taking all necessary legal actions against infringer to protect the integrity of the original ‘AVIATOR’ experience and ensure a fair, transparent environment for its global player base.”
Ongoing Aviator legal cases elsewhere
The case forms part of a broader global effort by Spribe to protect its Aviator intellectual property. The developer recently secured a similar injunction in the UK courts against third parties accused of infringing the Aviator brand.
The case, which is ongoing, prevented competing studio Aviator LLC from launching a competing crash game in the UK market.
Spribe founder David Natroshvili claimed the interim injunction showed the UK court supported the supplier’s position.
“Spribe created the Aviator crash game in 2018 and is the sole owner of the game globally,” Natroshvili said when the injunction was granted in August last year.
“We will continue to take all necessary steps globally to protect Spribe, our partners and players from any third parties who seek to undermine or infringe our rights.”
The dispute between Spribe and Aviator began in the latter’s home country of Georgia in 2024. It started with Aviator LLC accusing Spribe of infringing its Aviator imagery’s copyright and trademark.
The cased raised more questions than answers but both Flutter and Spribe found thremselves on the hook for €330 million for using the Aviator image and name.
But in January 2025, Aviator LLC dropped its claim against Flutter. Aviator’s lawyer at the time told IGB that Flutter and its subsidiaries had recognised Aviator LLC’s rights to the TM Aviator and airplane image and both parties had dropped all litigations against each other.
Kathryn Evans
Kathryn covers bitesize breaking news with a primary focus on EMEA and US legislation. A proud North Walian, fluent Welsh speaker and lifelong Wrexham FC fan – long before Hollywood came calling.
