WILLEMSTAD - A court in Curaçao has ruled that Rennox Calmes, a member of the island’s parliament and former leader of the political party ‘Trabou pa Korsou’ (TPK), may temporarily have exclusive rights to use the party’s name and logos. This ruling rejects the claims of the association Trabou pa Korsou, which also intends to participate in the 2025 elections under the same name. The case centered on the right to the party name and logos, with both parties accusing each other of unauthorized use.
The dispute began after Rennox Calmes and Aysjel Maria co-founded the political party Trabou pa Korsou in 2019. Calmes was to act as the party's leader, while Maria took on the role of organizational and financial support. The party participated in the 2021 elections and secured one seat, filled by Calmes.
After the elections, the party experienced a split. In April 2021, Maria and several others formed the association Trabou pa Korsou and registered the party’s logos with the Bureau for Intellectual Property. Calmes, who continued to refer to himself as the political leader of Trabou pa Korsou, was accused by the association of unlawful use of the party’s name and logos. Both sides laid claim to exclusive rights to the name, aiming to run for the 2025 elections.
Court Ruling
The court ruled that Calmes and his supporters have been using the name and logos of Trabou pa Korsou since 2020, and these symbols are recognizable to voters. The registration of the logos by the association was deemed ‘in bad faith,’ as it was done without permission and after the party had already registered with the Electoral Council for the elections.
As a result, the court granted Calmes the right to use the party's name and logos. The association is now prohibited from running under the name Trabou pa Korsou and must transfer the party’s Facebook page to Calmes. Furthermore, the association must publish a correction acknowledging that Calmes is the legitimate leader of the party.
Bad Faith Attempt
The judge stated, “For the voters of Curaçao, the name, abbreviation, and logos were inseparably linked to the new political group, of which Calmes is the political leader.” The registration by the association was seen as an attempt to take over the party’s name and identity following the split with Calmes.
The association has been ordered to pay a fine of 10,000 guilders for each violation, with a maximum penalty of 250,000 guilders. Additionally, the association is required to cover Calmes' legal costs.