When they were notified of the accusation of the federal court against Claudio "Chiqui" Tapia, for the alleged crimes of
fraud and disruption of rights
as a result of the complaint filed by the owner of the firm World Eleven Guillermo Tofoni - who claims exclusivity for the organization of the friendlies of the National Soccer Team -
the AFA moved its pieces in Comodoro Py: it denounced the businessman for the use of the brand
in academies opened a few months ago in the United Arab Emirates.
The representative of the Argentine Football Association must appear in court on May 10.
In Comodoro Py there are already two files involving the same actors, but with conflicting arguments.
The first criminal case was opened by decision of the federal prosecutor
Eduardo Taiano
who charged the president of the AFA with alleged fraud after Guillermo Tofoni claimed the exclusivity of the rights for the organization and marketing of the friendly matches of the national men's soccer team.
The point of controversy is that, while World Eleven maintains that the contract that refers to said rights was ratified and that it would be valid until 2030, for the last friendlies of the already established world champion, Chiqui Tapia hired another company, ProSport
Live , based in Miami.
The prosecution understood that there were sufficient elements to give impetus to the criminal action and investigate these facts, and Judge Julián Ercolini, in his resolution of Friday, April 28, explained that the AFA hired ProSport Live LLC, when it was Tofoni who, through of his company has "the rights of representation to act as agent and exclusive and sole representative to manage the organization and marketing of friendly matches to be played by the National Soccer Team of this country."
The AFA defended itself on the matter.
In a document letter, his legal representative
denied that World Eleven owns the exclusive rights
.
“I consequently deny that on May 4, 2021, the Argentine Football Association signed an exclusive representation contract with World Eleven or with you, or any other, and that any contractual relationship or of any other type between World Eleven is in force or you and my represented ”, he wrote.
"
I deny that the contract invoked by you is valid
or is in force or is opposable to my principal in any way," continues the AFA's response.
"In accordance with what is established in our internal regulations, all the contracts signed by the Argentine Football Association
must be approved for their validity by the Executive Committee
of this Institution, not finding in said records that treatment has been given (and much less approval) to the contract you invoked", reiterates the text.
The representative of the entity directed by Tapia adds a few more paragraphs of denials and rejections of the same tenor to Tofoni's claims, although
everything must be explained on May 10 in Comodoro Py
before Judge Ercolini, who summoned
María Cimino, representative of the AFA.
Justice wants to determine if pre-existing rights were violated, if in the middle there were financial aspects that could have some fraudulent maneuver and
information was requested from the United States
regarding the company hired by Tapia.
The court requested data and documents on its constitution, operation, financing, as well as its experience in the field for which it was hired.
The Taiano prosecutor's office had asked to clarify these aspects, since Tofoni indicated that it was a "striking contract because the company lacked experience and had only been in existence for a few months before being hired."
The AFA and its complaint
The answer was not long in coming.
Now the AFA denounced Guillermo Tofoni
for the violation of Law 22,362, known as the Right to Trademark Ownership.
They claim him for the inauguration and operation of an academy in the United Arab Emirates.
“Tofoni has not even indicated the name of said institute, in a clear sign of his contractual bad faith.
The only presentations made by World Eleven referring to alleged centers in the United Arab Emirates are those corresponding to The Target Global Sports Track Rental and Quatro Sports Center.
World Eleven did not comply with the pre-approval process
, the terms of which were promptly rejected by the AFA.
Now it is the AFA that claims to have been defrauded by Tofoni's company.
The Document Letter that led to a criminal complaint also filed in Comodoro Py, indicates that no
account was rendered “regarding said alleged centers” that bear the AFA brand.
"We expressly reject the opening of the institutes in the United Arab Emirates, we emphasize that despite AFA's rejection, said agreements had been signed illegally since they had been signed by the "AFA Sports Technology Institute"/"AFA Football Technology Institute" in instead of by WE in its capacity as AFA franchisee”.
The Argentine Football Association pointed out that a legal entity was granted to a figure that "does not have it,
generating confusion or the belief that the one who signs the documents is the AFA
, in violation of the latter's intellectual property", for this reason denounced the violation of the Trademark Law.
AFA also made its claim in commercial justice, to say that they have the exclusive exercise of the property rights of said brand and that
they only hired World Eleven "sporadically",
denying the exclusivity of the rights questioned by said company.
"WE" has been hired for specific and specific events in which its intervention as organizer of an international friendly match has been required, but in no way and at no time has the "AFA" yielded
to "WE" or even "Mr.
Tofoni”, exclusively
, the rights that he possesses over the friendly matches of the National Team and not even the organization of the same”.
The complaint from the association chaired by Chiqui Tapia
was filed in the court in charge of María Servini,
and the prosecutor has not yet ruled to determine whether to open the file or not.
From Tofoni's environment they defended themselves and pointed out that this latest complaint “refers to another contract linked to the Academies created by Tofoni.
The AFA leaders are very concerned and seek to muddy the field
with this issue.
They are two totally different contracts, but they insist on mixing both themes”.
Regarding the accusation against him, the businessman opined that "it will be debatable in court, because I was the creator and the one who had the idea of those Academies."
look too
The AFA and the Government presented the guarantees for Argentina to host the Sub 20 World Cup
look too
Jokes about a candidacy and photos with the World Cup: the two-hour barbecue of "Chiqui" Tapia and the PJ mayors
