On Sunday, Sama Camp, LLC filed a lawsuit in the Northern District of Georgia against Sama Tea, LLC, Sama Worldwide Inc., Sama Beverages, LLC and 100.CO alleging trademark infringement.
According to the complaint, Sama Camp is a Georgia limited liability company that provides various products for consumers in the restaurant and prepared food industry including unique proprietary tea blends. Sama Camp states that it sells its tea blends at its physical location and direct-to-consumer through its website and has developed a loyal and enthusiastic consumer base.
The plaintiff purports that in October 2017, it successfully obtained federal registration for the mark SAMA with the USPTO covering its full suite of goods and services, including tea. Sama Camp states that it has dedicated significant resources and hundreds of thousands of dollars to protect its rights under its trademark registration and to develop consumer recognition of its brand.
The complaint further states that Sama Tea, LLC, Sama Worldwide Inc. and Sama Beverages, LLC are businesses located in Florida that manufacture, distribute, market and sell a line of infringing tea products and goods under the name Sama Tea. Additionally, the complaint states that 100.CO exercises control over the other defendants’ commercial activities including the manufacturing, distribution and sale of the infringing products.
The plaintiff argues that the defendants are infringing on its trademark rights to SAMA by using the identical name Sama Tea to market and sell its goods. Further, the plaintiff argues that the defendants intend to push Sama Camp out of the market by flooding the market with advertising for its infringing products. The plaintiff states that the defendants were and are aware of the plaintiff’s rights to the SAMA mark because the plaintiff’s and defendants’ counsels have been in communication following a cease-and-desist letter set by Sama Camp.
The plaintiff argues that the defendants knowingly, willfully, intentionally and maliciously adopted and used the confusingly similar “Sama Tea” name for marketing and selling the infringing goods, knowing that such use would mislead, deceive, and generate reverse confusion among the consuming public.
Accordingly, the plaintiff filed the present suit alleging violation of the Lanham Act, for trademark infringement, false designation of origin and common law trademark infringement. Sama Camp seeks to recover injunctive and declaratory relief, actual, punitive and treble damages, disgorgement of profits, attorney’s fees and costs. The plaintiff is represented by Vivid IP and Bekiares Eliezer, LLP.
