Rumba Files Trademark Infringement Complaint Against New Caribbean-Theme Restaurant In Hampton Bays

A popular Caribbean-theme restaurant in Hampton Bays is demanding that the owners of a newer, similar eatery in the hamlet change its name, destroy all signs and marketing materials, and also pay undisclosed monetary damages and attorney fees for infringing on its trademark, according to a copy of the complaint filed last week.

David and Rachel Hersh, the owners of the Rumba Rum Bar on Canoe Place Road, have filed a complaint against the Marco Marisco Corp., a New York City-based firm that opened the Karamba Restaurant on West Montauk Highway this past winter. The complaint charges, among other things, that the Marco Marisco Corp., or MMC, purposely selected everything from its restaurant name, which sounds similar to “Rumba,” to its outdoor signs, in an attempt confuse potential customers into thinking they were visiting Rumba, which opened in 2009 and has successfully established itself as a popular destination.

“This is a trademark infringement, unfair competition, and false affiliation case arising from Defendant’s willful adoption and the use of the name ‘KARAMBA’ (pronounced ‘ka-RUMBA’) for its recently opened restaurant located in Hampton Bays, New York,” reads the complaint filed last Wednesday, June 15, in U.S. District Court by Rumba’s lawyer, Ralph N. Gaboury, an attorney with F. Chau and Associates LLC in Woodbury.

“Due to the similar pronunciation and overall visual appearance of Defendant’s use of ‘KARAMBA’ … MMC’s use is causing actual confusion with respect to customers and potential customers of Plaintiff [Rumba Rum Bar] which is also located in Hampton Bays, New York, and is likely going to continue causing confusion unless MMC is enjoined from continued use of the Infringing Mark.”

In addition to boasting a similar name, the complaint notes that Karamba—a tropical food restaurant that opened in March—is selling the same food, features similar decor, and uses a similar logo featuring palm trees. Prior to receiving the complaint, the Karamba logo was altered and now features a parrot instead of palm trees. The original logo, however, featured a palm tree whose base was the “b” in Karamba.

Mr. Gaboury did not return multiple calls or emails seeking comment on the case.

An employee answering the phone at Rumba’s on Tuesday said the Hershes were not at the restaurant that day and advised a reporter to instead email the owners. The email was not immediately returned.

A woman who answered the phone at Karamba on Friday provided a reporter with the cellphone number of one of the restaurant’s owners. The man—who would only identify himself as Marc—said he was unaware of the complaint filed by the Hershes.

“I haven’t been served any papers,” he said.

In mid-March, shortly before the new restaurant opened, a Rumba representative delivered a letter to Karamba that explained its concerns about the similar name and logos—demanding that the company address all of the issues before opening. According to the complaint, Mr. Hersh said he spoke with an employee of Karamba, possibly a coowner, on February 28, 2016, and that individual, named “Sam,” disclosed that several other owners of the new restaurant “had visited Rumba three days prior, ‘to perform R&D [research and development]’ on the restaurant,” a stop that also examined Rumba’s “style and decor,” the complaint states.

When reached Friday, Marc said he last spoke to Rumba officials in March before declining to answer any additional questions.

The complaint notes that the owners of Karamba—only listed as Marco Marisco Corp.—refused to change their restaurant name, though they did agree to alter their business brand. While the updated logo now features a parrot, the complaint says the new design is still too similar to Rumba’s.

Those issues, the complaints states, are “causing irreparable harm to [Rumba’s] goodwill and reputation … ”

In addition to forcing Karamba to alter its name and shut down its website, Rumba is demanding compensation in the form of three times its actual monetary damages—an exact dollar amount was not listed—and “the profits wrongfully obtained” by Karamba as eventually decided by the courts. Rumba is also seeking the reimbursement of its attorney fees.