The court rejected Spribe’s clarification motion, leaving the interim suspension of its AVIATOR trademark registration unchanged
The procedural decision prevents Spribe from altering the existing order through a clarification request, but it does not resolve the underlying dispute over AVIATOR intellectual property rights.
Brazil’s Federal Court has rejected a Motion for Clarification filed by Spribe in response to an earlier preliminary ruling obtained by Aviator Studio.
Aviator Studio submitted its response to the motion on 14 August. Federal Judge Arthur Pinheiro Chaves subsequently found that a challenge to the substance of the original order would need to use the appropriate appellate procedure.
Original order remains unchanged
The rejection means the clarification motion did not modify the previous decision or its immediate legal effects.
That preliminary injunction temporarily suspended the effects of Spribe’s Brazilian AVIATOR trademark registration while the federal proceedings seeking its invalidation continue.
The order is interim. It does not constitute a final ruling on ownership of the AVIATOR brand, the validity of every related intellectual property claim or the wider disputes between the parties in other jurisdictions.
Further appeal remains available
Spribe may seek review of the preliminary decision before the Federal Regional Court through an interlocutory appeal.
A clarification motion, known in Brazil as embargos de declaração, is generally used to ask a court to address an omission, contradiction, lack of clarity or material error in a decision. It is not normally the appropriate procedure for rehearing the merits of the original ruling.
The latest decision therefore concerns the procedural route used by Spribe rather than a fresh examination of all the evidence in the case.
Separate proceedings continue
The federal case is one part of a wider group of proceedings involving Spribe, Aviator Studio and the use of the AVIATOR name in Brazil.
In a separate state-level dispute, the Court of Justice of Pernambuco previously withdrew interim protection that Spribe had obtained against NSX Brasil, operator of Betnacional. That change followed the federal suspension of the legal effects of Spribe’s trademark registration.
The federal and state proceedings are separate and should not be treated as a single final judgment.
Aviator Studio said it remains committed to protecting its claimed intellectual property rights and will continue pursuing the matter through the courts.
Spribe retains the right to use the available appeal procedures. The underlying federal action remains ongoing.
