Opinion
3:24-cv-0051
11-26-2024
ISLAND SAINTS LLC, D/B/A BELLOWS INTERNATIONAL Plaintiff, v. CARDOW, INC. Defendant.
Carl A. Beckstedt, III, Esq. BECKSTEDT & KUCZYNSKI LLP CHRISTIANSTED, U.S.V.I. For Plaintiff Island Saints, LLC d/b/a Bellows International, Kanaan Le'Roy Whilhite, Esq. Thoron Corey Hodge, Esq. MOORE, DODSON, RUSSELL, & WILHITE, P.C. ST. THOMAS, U.S.V.I. For Defendant Cardow, Inc.
Carl A. Beckstedt, III, Esq.
BECKSTEDT & KUCZYNSKI LLP
CHRISTIANSTED, U.S.V.I.
For Plaintiff Island Saints, LLC d/b/a Bellows International,
Kanaan Le'Roy Whilhite, Esq.
Thoron Corey Hodge, Esq.
MOORE, DODSON, RUSSELL, & WILHITE, P.C.
ST. THOMAS, U.S.V.I.
For Defendant Cardow, Inc.
ACTION FOR TRADEMARK INFRINGEMENT, DECLARATORY JUDGMENT, TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
ROBERT A. MOLLOY, CHIEF JUDGE
ORDER
BEFORE THE COURT is the Island Saints LLC, D/B/A Bellows International (“Bellows”) Motion for Preliminary Injunction, ECF No. 2. For the reasons set forth in the Memorandum Opinion of even date, it is hereby
ORDERED that Bellow's motion for preliminary injunction, ECF No. 2, is GRANTED; it is further
ORDERED that until such time as this matter may be adjudicated on the merits, Cardow, Inc. and its agents SHALL BE ENJOINED, PROHIBITED and PRECLUDED from using in any manner the mark “MAGENS BAY RUM” or any colorable imitation of the mark as a trade name, trademark, service mark, or domain name; or taking any action likely to cause confusion among consumer, customers, or the public in general with respect to the source of products and services offered for sale, distributed, or sold by Cardow, Inc. or with regard to there being a connection between Cardow, Inc. and Bellows International; and it is further
ORDERED that until such time as this matter may be adjudicated on the merits, Cardow, Inc. and its agents are ENJOINED, PROHIBITED and PRECLUDED from selling, distributing, or manufacturing any products in the U.S. Virgin Islands under the name “Magens Bay Rum”; and it is further
ORDERED that this Order SHALL remain in effect until the resolution of the merits of the case.