A high-stakes legal battle has broken out over the rights to one of Chile’s most iconic musical names following the death of legendary singer La Tercera. Leonardo Soto, the former orchestra director of La Sonora de Tommy Rey, has filed a nullity lawsuit with the Instituto Nacional de Propiedad Industrial (INAPI) against Gloria Sáez, the singer’s widow and the current owner of the trademark denomination.
Legal Battle Erupts Over La Sonora de Tommy Rey Trademark
The legal action, which was received by INAPI on July 10, marks a major escalation in tensions within the group’s universe following the artist’s death on March 26, 2025, at the age of 80, due to an acute myocardial infarction and cardiorespiratory arrest. According to La Cuarta, the dispute centers on conflicting visions of the group’s future and ownership of its name, dividing associates into two distinct opposing camps.
Conflicting Claims Over Trademark Origins and Rights
Soto and his legal representative, lawyer Fernanda Olmedo, argue that the La Tercera trademark was acquired in bad faith. Olmedo asserts that Soto actually created the pseudonym and made profuse use of the brand over many years. Furthermore, Soto’s legal team has criticized the transfer of the brand from the singer—whose real name was Patricio Zúñiga—to his wife, describing the purchase-sale contract as questionable because it involved spouses and did not set a price.
Soto stated that many things happened over 43 years and that many lies had been told today, according to Biobiochile. Olmedo added that the lawsuit aims to vindicate the rights not only of Soto, but also of other veteran musicians who have played with the group for 40 years.
In contrast, Sáez and her legal team from the Ruiz Salazar law firm firmly reject these assertions. Sáez disputed Soto’s account regarding the group’s naming history, stating that he is neither the founder nor the person who named the group. Representatives for the family emphasize that the trademark was originally processed in 2013, granted to Tommy Rey on June 5, 2014, and legally transferred to Gloria Sáez on March 16, 2018. The registry was subsequently renewed in February 2024 and remains valid until May 8, 2034.
Prescription Defense and Current Group Operations
The family’s legal defense heavily relies on statutory limitations. According to lawyer Mariela Ruiz, Article 27 of Law N° 19.039 establishes that an action for the nullity of a trademark prescribes within five years from the registration date. Because the trademark was granted in June 2014, the defense argues that Soto’s demand—filed 12 years later—arrives far too late and that the statute of limitations expired in 2019.
Legal representatives for the family also questioned the timing of Soto’s challenge, asking why he never contested the registration while Tommy Rey was alive during his more than 60 years of life, or when the trademark was officially granted in 2014. The defense further alleged that Soto treated the late singer with contempt in his final days and that the trademark protects good faith.
Following the singer’s death, the two camps have pursued separate paths. Sáez chose to maintain La Sonora de Tommy Rey as a continuation of the original group, currently led by the singer’s son, Patricio “Tommy Jr” Zúñiga, to keep his artistic legacy alive. Meanwhile, Soto formed a separate ensemble known as La Gran Sonora de Todos, after claiming that an informal agreement dictated the original name would cease to exist if the singer passed away.
