In a major victory for intellectual property rights in the iGaming sector, the Court of Justice of Pernambuco has issued an immediate injunction against NSX Brasil S.A. (Betnacional).
The court ordered the operator to cease all use of the “AVIATOR” name and related visual elements following a legal challenge from the game’s original developer, SPRIBE OÜ.
Trademark Protection and Legal Plausibility
The court noted the “plausibility” of SPRIBE’s claim based on its formal trademark registration with Brazil’s National Institute of Industrial Property.
This registration grants SPRIBE exclusive rights to the Aviator brand across Brazilian territory. The dispute centered on a version of the game offered by “Aviator Studio” on the Betnacional platform since 2025, which SPRIBE alleged was an unauthorized reproduction of their world-famous crash game developed in 2018.
The injunction prohibits Betnacional from using:
- The “AVIATOR” trademark.
- Confusingly similar signs or logos.
- Visual, graphical, and audiovisual elements associated with the original product.
The NSX and Flutter Connection
The ruling is particularly significant as Betnacional was recently acquired by Flutter Entertainment Plc, which took a majority stake in the NSX Group. While SPRIBE noted that Betnacional had been an authorized licensee since 2022, the developer stated that it cannot tolerate the use of unauthorized reproductions that undermine its intellectual property.
SPRIBE characterized the decision as a cornerstone of its global strategy to protect its assets. The court has imposed daily fines for non-compliance, ensuring that the measure remains strictly enforced until a final judgment on the appeal is reached.
This case serves as a warning to operators in the booming Brazilian market regarding the necessity of maintaining valid software licenses and respecting global trademarks.
