Horizon Vert Pure sues Choucoune over MADAME SARAH and MADAN SARA

The parties

The case is Horizon Vert Pure, LLC v. Choucoune, LLC, Jhonson Napoleon, and Does 1-10, No. 1:26-cv-14913-FDS (D. Mass.), filed October 30, 2026, ECF No. 1 (11 pages), with a jury demand. Docket entry 3 assigns the case to District Judge F. Dennis Saylor, IV, and states that a referred matter would go to Magistrate Judge M. Page Kelley. The complaint says Horizon Vert Pure, LLC is a Delaware limited liability company, formed March 27, 2015, with its principal place of business in West Roxbury, Massachusetts. It says Choucoune, LLC is a Florida limited liability company whose principal place of business is in Parkland, Florida, according to USPTO records, or Medley, Florida, according to Florida Secretary of State records. It alleges that Jhonson Napoleon is the managing member and signed the trademark applications described below as President and CEO. It alleges, on information and belief, that Jhonson Napoleon is the alter ego of Choucoune, LLC. It also names Does 1 through 10.

Jurisdiction is pleaded under 28 U.S.C. §§ 1331, 1338(a) and (b), and 1367. Venue is pleaded under 28 U.S.C. § 1391(b)(2).

MADAME SARAH and MADAN SARA

The complaint alleges common-law rights in the MADAME SARAH word mark and in MADAME SARAH design marks, used since at least December 2018 on rice, beans, dried shrimps, dried mushrooms, cinnamon, chocolate, nuts, cornmeal, and dry and liquid seasonings. It alleges that the company has sold more than $13 million of MADAME SARAH branded products since 2024. It alleges that the defendants also use a MADAN SARA design that incorporates the image of a woman and is confusingly similar to the MADAME SARAH design marks.

The complaint alleges that Choucoune, LLC filed Serial No. 88/475,197 on June 15, 2019, for MADAN SARA in standard characters, covering cooking oil in Class 29 and cornmeal, rice, spices, and gram flour in Class 30, with a first use anywhere of January 20, 2020, and a first use in interstate commerce of February 14, 2020. It alleges that the application registered on July 7, 2020, on the Supplemental Register, solely for rice in Class 30. USPTO TSDR lists U.S. Reg. No. 6,098,080, MADAN SARA, standard characters, owned by choucoune, llc, a Florida limited liability company, live on the Supplemental Register, registered July 7, 2020, for rice in Class 30, with first use of January 20, 2020, and use in commerce of February 14, 2020. A Section 8 declaration was accepted June 3, 2026. The cancellation count alleges damage from continued registration of Reg. No. 6,098,080.

The complaint alleges that Choucoune, LLC filed Serial No. 99/680,095 on March 3, 2026, for MADAN SARA in standard characters for rice in Class 30, asserting a first use date of January 20, 2020. TSDR lists that application as a live Principal Register filing by choucoune, llc, for rice in Class 30, with first use and use in commerce of January 20, 2020. It was published for opposition on August 11, 2026. TSDR states that an opposition after publication is pending at the Trademark Trial and Appeal Board. TSDR shows an extension of time to oppose received September 9, 2026. The complaint alleges that the plaintiff took a 30-day extension and filed a notice of opposition on October 10, 2026. TTABVUE Opposition No. 91311034, Horizon Vert Pure, LLC v. choucoune, llc, was filed and instituted October 10, 2026, against Serial No. 99/680,095 for MADAN SARA, and is pending. The Board's notice sets an answer date of December 9, 2026.

The complaint alleges, on information and belief, that the defendants sell the accused products solely through Choucoune's Amazon store, and that they adopted MADAN SARA with an intent to trade off the plaintiff's goodwill. It alleges identical goods, namely rice, and actual confusion in the form of customers contacting the plaintiff about the defendants' products.

The claims and the relief requested

The first claim alleges false association, also called false designation of origin, under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and lists subliminal and associational confusion, forward confusion, reverse confusion, initial-interest confusion, point-of-sale confusion, and post-sale confusion. The second claim alleges trademark infringement under Massachusetts common law. The third claim alleges unfair business practices under Massachusetts General Laws chapter 93A, sections 2 and 11. The fourth claim alleges cancellation of U.S. Trademark Registration No. 6,098,080 under 15 U.S.C. § 1064, and alleges that the plaintiff's common-law rights are superior and prior. Horizon Vert Pure, LLC brings the claims against the defendants named in the caption.

The prayer asks for judgment against the defendant and for (i) a temporary restraining order, preliminary injunction, and permanent injunction under 15 U.S.C. § 1116 against using the MADAN SARA marks and any marks confusingly similar to MADAME SARAH; (ii) under 15 U.S.C. § 1118, removal or delivery for destruction of advertisements, packaging, labels, materials, websites, apps, social media accounts, and other articles bearing those marks; (iii) the defendants' profits under 15 U.S.C. § 1117(a), and such additional sums as the court finds just; (iv) damages under 15 U.S.C. § 1117(a), and such additional sums as the court finds just; (v) costs, reasonable attorneys' fees, and interest under 15 U.S.C. § 1117(a); (vi) cancellation of Reg. No. 6,098,080; (vii) treble damages and restitution under Massachusetts law; (viii) prejudgment and post-judgment interest; and (ix) costs and attorneys' fees as allowable by law, and such other relief as the court deems just and equitable. The complaint demands a jury trial.

Docket

The docket, through entry 4, lists the complaint on October 30, 2026, a notice to file a local category form, the case-assignment entry the same day, and, on November 2, 2026, summonses issued as to Choucoune, LLC, Does 1-10, and Jhonson Napoleon.