Two south Georgia sausage makers are embattled in a federal trademark infringement lawsuit.
Stripling’s General Store is suing Carroll’s Sausage & Country Store because it was using a “confusingly similar mark” to advertise its goods, according to the complaint filed last month in the U.S. District Court for the Middle District of Georgia.
The general store also alleges unfair competition, false designation of origin and injury to its reputation.
Stripling’s was established in 1964 in Cordele. Carroll’s was established in 1988, about 35 miles away, in Albany. Both businesses advertise along Interstate 75 and Ga. 300.
Stripling’s first used its logo in 2009, according to the lawsuit. Both logos, though different colors, are circular and include the profile of a pig. Additionally, both logos include the business name in white block letters over a dark background and an established date.
Lawyers representing the company contend Carroll’s alleged trademark infringement “is knowing and willful,” according to the lawsuit.
Stripling’s sent two cease and desist letters to Carroll’s last year, but Carroll’s continued to use the logo.
Stripling’s is asking the court to force Carroll’s to stop using the logo and destroy materials containing the similar trademark. It also is seeking all profits received by Carroll’s from food sales under use of the trademark in addition to a jury trial and attorney’s fees.
Messages left for Hugh Hardy Jr., owner of Carroll’s, were not returned Tuesday.