WILLEMSTAD – Lovers Industrial USA has asked the court to prohibit Kortijn from using formulas for juice products that the company claims originated from Lovers, arguing that similarities in the products and their marketing could mislead consumers.
The legal action has been filed against Packers Provisions Curaçao, the company behind the Kortijn brand.
According to Lovers’ attorney, the dispute involves not only the formulas used to manufacture the juice products but also the way Kortijn presents and markets them.
Lovers previously went bankrupt, after which assets belonging to the company were transferred to Kortijn. Kortijn subsequently continued similar business activities and introduced its own products to the market.
Attorney Van Bemmelen, representing Lovers, argued that Kortijn is using formulas that correspond to those previously used by Lovers. He also pointed to similarities in branding and marketing.
Among the examples cited is the use of a heart in Kortijn’s logo and the phrase “Same Love.” According to the attorney, these elements could lead consumers to believe that Kortijn’s products are still associated with or produced by Lovers.
Van Bemmelen further argued that the taste of the juice has remained the same, which he says could contribute to confusion among consumers about who is actually producing the beverages.
Kortijn disputes the allegations and maintains that it is operating in the market with its own products.
The case comes after the bankruptcy of Lovers and the subsequent transfer of company assets, raising questions about which intellectual property, formulas and branding elements may legally be used by the businesses involved.
The court is expected to issue its ruling no later than September 8 at 2:00 p.m.