Court decides that there can only be one Belenenses

The conflict between the Club and the Public Limited Sports Company (a special Public Limited Company 'SA' in Portugal to improve financial management and transparency in sports clubs known as SAD) of the historic Club of Lisbon had one more development following the end of the protocol signed by both entities, after which the first announced the registration of a senior football team in the district division of Lisbon (lower division of the Portuguese football league) and prevented the team owned by the SAD, which plays the top Portuguese football league, to play in its traditional stadium - Restelo Stadium - forcing it to play in the National Stadium of Jamor.

This time the consequences are at Industrial Property level, since, according to the Club's board, after the termination of the protocol between the Club and the SAD, with SAD’s team, playing in the Top Portuguese League, "the trademarks and symbols of the Football Club 'Belenenses', namely its name, its emblem, the Cross of Christ, its slogan 'With Certainty of Winning', his anthem and other related denominations that the Club has used almost for 100 years" are still been used by the SAD.


Trademark Infringement

Thus, in a statement the Club reports that the Intellectual Property Court accepted several points of an injunction filed by the Club against the SAD, namely on the use of the trademark, name and symbols of the emblem. The injunction intenteded to "prevent such abuse" is related to the use of the various honours identifying the club as well as the trademarks that are infringed, with a payment by SAD "of a penalty payment amounting to 3.000,00 EUR per each day of delay in complying with the summons” according to the court decision, "SAD now has 30 days to comply with the decision”.

The Club's Board Direction explains that in the court's decision it is stated that "it is not a question of the firm name, which remains the SAD Belenenses Football Association but rather the brand, name, emblem, Cross of Christ and the anthem, which can no longer be used, and anything that confuses the activity of the SAD football team with the 'Belenenses' Football Club cannot be used".

Appeal of Court’s Decision

Belenenses SAD, controlled by Codecity Sports Management (CSM), which has acquired the majority of the SAD, has announced that it will appeal the decision, stating that "Belenenses' football team (SAD team) will continue to use the name it has always been" and considers this decision as "doubly provisional, because it is pronounced in a mere precautionary measure and because it is subject to appeal and violates the law, not clarifying whether the Cross of Christ - which appears on the emblem of Belenenses as on many other flags and symbols, inclusive from the Portuguese Football Federation itself, may or may not continue to be used by the SAD team".

This news clearly shows how Industrial Property assets are extremely valuable to any entity, including sports clubs, which should ensure their protection properly.

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