Satvica is the owner of the trademarks that represent the figure of Maradona, who gave them to him in life for his exploitation, despite which the daughters of the former captain of the Argentine national team soccer players tried to register other trademarks related to their father for themselves.
Defense of Dalma and Gianinna replied that “The conduct entrusted to their clients consists of having submitted to the National Institute of Industrial Property (INPI) the application for the registration of three figurative marks with the image of their father’s face, and that with the progress of the investigation it was determined that no current records were detected with the provided image parameters “.
“As the one that concerns us is not a registered trademark, the behavior attributed to our clients is unquestionably atypical”he added.
But the prosecutor Gerardo Promises replied that “The existence of a fraud allegedly committed to the detriment of the complaining firm could not be ruled out without further ado”, and the judge Luis Rodriguez matched that criterion.
“The incipient state of the investigation and the existence of other files that would be linked are circumstances that allow to assert the existence of a real fact that only through due instruction can it be verified whether it is criminal or not”, the judge maintained.
Now, the Chamber ratified the rejection at the closing of the case: “The atypicality of the conduct is not obvious because it depends on a broad analysis of facts and evidence, for which further debate is required, all of which leads to rejecting the exception postulated by the defense”, summarized the ruling, which keeps the case open against the daughters of Maradona.
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