Ownership of the ASBH brand in Béziers: Constance Calandri fights back and promises “to defend herself firmly”
|Constance Calandri. Photo Yann Harnois
After the publication of an article on the registration of the ASBH trademark at Inpi, by Constance Calandri from Biterroise, the latter comes out of silence through her lawyer. And announces its determination not to give up on its new property rights.
On November 29, a Biterroise, Constance Calandri, ex-FN candidate in the 2012 legislative elections, ex-employee of the town hall, registered with the Inpi (National Institute of Intellectual Property) the brand & quot;ASBH". She took advantage of the vacancy of the property titles, due to the expiration of the previous deposit made by the ASBH association (which manages the property). rugby school and the entire amateur sector of the club), to get their hands on the brand and its logo. This sparked reactions from supporters on social networks but also the publication of a press release from the association, denouncing a "dismaying and deplorable" and promising to "defend its interests".
Threats against "the new owner of the ASBH brand"
So far silent in our columns, Constance Calandri intends to respond through a press release, written this Saturday March 16 by her lawyer, the media specialist Pierre Farge, specialized in defense whistleblowers. The latter explains that his client, presented as "the new owner of the ASBH" brand, is now the victim of threats. And it unfolds: "The ASBH association had a duty of vigilance, of diligence, that it’ ignored for four years. This registration therefore took place in compliance with the law in force, and in particular the Intellectual Property Code, of which the public establishment of Inpi is guarantor. This "negligence", as the association managing the amateur club itself recognizes, is today worth a tacit waiver", estimates the & #39;lawyer.
"Unjust and therefore abusive enrichment"
Concerning the threats of legal action, "Constance Calandri takes note of this, assures that’she will defend herself firmly" and even threatens to reveal others "drifts"…
And the lawyer develops another argument: "The confusion maintained between a 1901 association – by definition non-profit – and the SASP Béziers exploiting the brand on the basis of a paid agreement, while it has belonged to the public domain for four years, is considered by the whistleblower as unjust enrichment, and therefore abusive" .
"Constance Calandri denounces such amateurism, symptomatic of the poor management of the club for many years. The new owner of the brand therefore intends to reassure public opinion of any political inclination and of the use that will be made of the brand, namely in respect of the general interest, promotion regional sport, as well as players and supporters".
The legal battle promises to be tough.
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