Legal recourse for fashion brands against counterfeit products in Aruba

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Aruba is located in the Caribbean and forms geographically part of the Lesser Antilles. It is located a mere 12 miles from the coast of Venezuela. The island has a free zone and s located close to other free zones located in Curacao, Venezuela and Panama. Aruba is known for its tourism. The combination of these factors makes Aruba vulnerable for the trade in counterfeit products.  Not so good news for brand owners. The good news for brand owners is that Aruba’s legislation contains effective remedies for the fight against counterfeit products. This includes the possibility to place an attachment on counterfeit products, no matter if these are located in retail stores, warehouses or in transshipment. This can be done in an extra-judicial hearing without need of having the counterfeiting merchant present or represented. 

Following such order a court appointed bailiff can go to the locations where the counterfeit products are found and seize these products. Subsequently an order can be obtained from the courts to destroy the counterfeit products as well as to obtain information about the supply chain and quantities ordered. This entire process can take place in a matter of weeks. The same effective remedies can be obtained in the other islands of the Dutch Caribbean. Over time many brand owners were able to successfully use these remedies to score a victory over the bad guys. Gomez & Bikker has been involved in a number of these actions and have the experience and know-how to successfully plan and execute such actions. We look forward to working with our colleagues from INTA and ASIPI in these matters. For more information contact us.