European justice refuses to transfer Diego Maradona’s brand to the player’s lawyer

European justice opens the door to the lawyer of the footballer Diego Armando Maradona in his intention to appropriate the trademark of Diego Maradona, which was officially registered in the European Union in 2008. The General Court of the European Union (TGUE) agrees with the athlete’s heirs in Argentina. A legal battle for the transfer of said trademark through Sattvica, a company registered in Buenos Aires.

The athlete’s death in November 2020 led to a legal battle between his daughters and his lawyer, Matias Morla, for the exploitation of the brand, both in Argentina and in the United States, which was agreed with the lawyer, or in the European Union.

In July 2001, the Argentinian player began the process of registering Diego Maradona with the European Union Intellectual Property Office (EUIPO) as a clothing and footwear brand, as well as a wide range of services, ranging from catering and hospitality, IT or copyright management. After seven years, the registration came into force.

Three months after the player’s death, the company Sattvica requested the transfer of the trademark to the European Union and presented two documents that Maradona issued in its favor: the authorization of the commercial exploitation of the trademarks, dated December 26, 2015, and the use of the trademark. Authorization Agreement, undated. The European Intellectual Property Office registered the said transfer, but canceled it a year later at the request of the athlete’s heirs.

Sattvica appealed this EUIPO decision to the European Court of Justice to have it annulled, but the General Court rejected its request and agreed with the Trademark Office, noting that the documents provided by the company “do not formally justify the transfer of rights”. brand in their favour, as part of the contract between the two parties (Satwika and Maradona),” the note explained.

“Since Maradona died before sending the transfer registration application, Satvika could not correct the detected violations. He could not submit other documents either,” adds TGUE. However, the legal battle could continue as the TGEU ruling can be appealed to the Court of Justice of the European Union (CJEU) within two months.

Source: El Diario





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