The ASBH wins its case against Constance Calandri concerning the ownership of its brand and logo

Good news for the Béziers club that performed well last season. Midi Libre – Michael Esdourrubailh

On Thursday July 11, the Marseille judicial court ruled in favor of the Béziers rugby club by ordering Constance Calandri to transfer ownership of the ASBH brands to the club. The Béziers resident had in fact filed the “ASBH” brand with the INPI last November. Her lawyer announced that she would appeal.

The court decision fell this Thursday, July 11: the Marseille court ordered Biterroise Constance Calandri to immediately transfer full ownership of the ASBH brands to the club. She is also ordered to pay 10,000 euros; for damages and 7 000 € legal costs, half to the association (which manages the rugby school and the amateur sector) and half to the professional club, as well as to the publication, at its expense , of the decision, in five newspapers, including Midi Libre.

As a reminder, Constance Calandri had registered with Inpi (the National Institute of Intellectual Property) the trademark "ASBH" last November, taking advantage of the expiration of the previous deposit made by the ASBH association, official owner of the brand. Which immediately filed a complaint for fraud, joined in this process by the professional club.

"Fraudulent Deposits"

In a joint press release, the leaders of the ASBH explain: "The court ruled that Constance Calandri fraudulently acquired ownership of the ASBH trademark and associated logo. She was thus guilty not only of fraudulently depositing the rights of the sports association but also of denigrating remarks."

"No legitimacy"

The judge also considered that Constance Calandri "n’had no legitimacy to register these verbal and semi-figurative marks in her name, the fact of presenting himself as "a white knight" or "the guardian of identity" of the club, granting him no rights."

The court decision is enforceable with regard to judicial convictions and publications. Constance Calandri also announced, through her Parisian lawyer, Pierre Farge, that she intended to appeal.

"We cannot erase 123 years of existence of the club with the stroke of a pen"

Eric Freitas, the president of the association, welcomed this great victory. We are delighted with this decision which restores morality and justice. But we had no doubt about it, the trademark registration was fraudulent, we never lost it, our rights were recognized. You can't erase 123 years of club existence with the stroke of a pen." "This episode , even if it was negative at the start, made it possible to show a club in unison to defend its colors, its members, its supporters."

Discussions with two potential buyers, including a South African group, who were concerned

"Morality is saved", commented Mayor Robert Ménard, impacted by this affair since the City of Béziers owns shares in the professional club via a SCIC (collaborative company of collective interest). "And this shows that we cannot play with the club. Constance Calandri threatened the club in its relations because we are negotiating with partners (with a view to a buyout, Editor's note) who have become concerned. It has endangered the negotiations we have with potential buyers.” Discussions are in fact currently underway with a national group and a South African group. Groups that can now be reassured on this point. “This is good news for the club, there is a moral”, repeats the chief magistrate.

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