Fantastic Sams accuses former Georgia franchisee Talukders of continuing to use Fantastic Sams’ trademarks following termination of the franchise agreement. Talukders became a franchisee in 2017, when it purchased the salon of a Sams franchisee. As part of the franchise agreement, Talkuders would be permitted to only offer, use and sell products and services that were prescribed or approved by Sams. According to the complaint, Fantastic Sams terminated the franchise agreement for cause when it discovered that Talukders was operating “unlicensed medical spas” in the franchised salons. Rather than cease using the registered marks, Sams asserts that Talukders transferred ownership of the salons to co-defendants Paula Gomez and Michelle Scott, who continue to use the “Fantastic Sams” marks or a “Fantastic Salon and Spa” mark that is asserted to be confusingly similar. Fantastic Sams asserts trademark infringement, unfair competition and breach of contract, and seeks specific performance on the contract claim.
