Playboy International puts an end to illegal sale of its trademark in Curacao

Playboy International has put an end to the illegal sale of its trademark in Curaçao, after having instituted interlocutory proceedings against a company in the Free Zone.

According to its people charged with investigating the sale of its trademark across the world, it has become clear that a company in the Curaçao Free Zone would offer products of the Playboy trademark, with a so-called "Rabbit head" on the products.

Playboy International, having its principal office in Chicago, Illinois, United States of America, has learned that the company in the Curaçao Free Zone would market the products in several countries within the Caribbean.

After having sent several letters to the local company, none of which were answered, Playboy International has instituted interlocutory proceedings against the company in the Free Zone. Playboy claims the discontinuation of the sale of all Playboy products, the removal of all these products from the shelves, or places where these counterfeit products are sold. Playboy also wants 5 days after the court decision for the local company to provide it with a list of all persons who bought products from it, and from where they ordered the products. Playboy also wants the company to provide it with the result of the profits it has made on the Playboy products.

A more thorough investigation of Playboy International has also shown that the local company has registered the Playboy trademark in its name with the Bureau of Intellectual Property in Curaçao. In connection therewith, Playboy has claimed the cancelation of this registration, as Playboy International has been registered in the Netherlands Antilles since 1987.

In his decision, the judge brought forward that he does not have to decide on the issue of registration, because the owner of the local company brought forward during the hearing of the case that he would have the registration of Playboy in his name canceled. Moreover, the judge has concluded that the investigation of the Bureau of Intellectual Property was not any good, as Playboy International has been registered since 1987.

The local company has denied that it sells Playboy products either locally or abroad. The judge subscribes the arguments of the local company, because the judge is of the opinion that Playboy International has insufficient proof that its products have been sold. This leads to it that the majority of the claims made by Playboy International fail.

Given the fact that the company has forced Playboy to institute interlocutory proceedings, the judge holds the local company liable for the costs of the proceedings. However, Playboy did achieve its objective by having the registration of its trademark in the name of the local company canceled.

Source: national newspaper “Extra” dated 31 May 2010

Laura Fresco and Carine Jänsch of VanEps Kunneman VanDoorne represented Playboy Enterprises International Inc. in this case.