Island Saints LLC v. Cardow, Inc.
| Island Saints, LLC doing business as Bellows International |
| Cardow, Inc. |
| 3:2024cv00051 |
| October 8, 2024 |
| US District Court for the District of Virgin Islands |
| Robert A Molloy |
| G Alan Teague |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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Filing 59
ORDER (RAM) The corrected Memorandum Opinion docketed at ECF No. #58 is the Memorandum Opinion accompanying the Order at ECF No. #53 . (DR)
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| Filing 58 MEMORANDUM OPINION (RAM) (DR) |
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Filing 57
ORDER (RAM) The Memorandum Opinion docketed at ECF No. 54 is to be disregarded in its entirety. Parties that have received and were served with a copy of that document are to cease any distribution of that document to any individual or entity. To the extent that this document has already been distributed to any other entity, the parties are to inform that entity of the nature of this Order. The Court will issue a corrected Memorandum Opinion as appropriate. Failure to comply with this Order will lead to sanctions. (DR)
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Filing 56
ORDER (RAM) The Government of the Virgin Islands Motion to Quash Subpoenas, ECF #31 , is MOOT. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SZ)
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Filing 55
ORDER (RAM) In light of this Court's Order issuing a preliminary injunction, Defendant's Motion to Dissolve Temporary Restraining Order, ECF #21 , and Plaintiff's Motion for Second Extension of Restraining Order, ECF #52 are MOOT. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SZ)
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Filing 53
ORDER(RAM) For the reasons set forth in the Memorandum Opinion of even date, Island Saints, LLC's motion for preliminary injunction, ECF #2 , is GRANTED. A preliminary injunction SHALL ISSUE as set forth herein, effective immediately. (DR).
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| Filing 52 MOTION Second Extension of Temporary Restraining Order re #18 Temporary Restraining Order,,,,,, Set Deadlines/Hearings,,,,, by Plaintiff Island Saints, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Beckstedt, Carl) |
| Filing 51 REPLY to Opposition to Motion re #46 Memorandum in Support to Motion for Preliminary Injunction filed by Plaintiff Island Saints, LLC. (Beckstedt, Carl) |
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Filing 50
ORDER (RAM) In light of the Court's earlier Orders at ECF #42 and 48 , the parties' stipulated motion for extension of time at ECF #8 is rendered MOOT. (This is a TEXT-ONLY entry. There is no PDF document associated with this entry.) (DR)
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| Filing 49 TRANSCRIPT REQUEST by Island Saints, LLC for proceedings held on 10/28/24 and 10/30/24 before Judge Molloy.. (Beckstedt, Carl) |
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Filing 48
ORDER (RAM) Upon review and consideration, the parties' stipulated motion to enter deadlines for pleadings, ECF #45 , is GRANTED. Plaintiff shall file its First Amended Complaint no later than December 10, 2024. Defendant shall have until January 10, 2025, to file its response. (This is a TEXT-ONLY entry. There is no PDF document associated with this entry.) (DR)
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| Filing 47 STATEMENT OF UNDISPUTED FACTS in Support re #2 MOTION for Temporary Restraining Order and Preliminary Injunction In Support of Defendant Cardow, Inc.'s Opposition to Plaintiff's Motion For Preliminary Injunction filed by Defendant Cardow, Inc. Re DE #46 (Hodge, Thoron) |
| Filing 46 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendant Cardow, Inc.. (Hodge, Thoron) |
| Filing 45 Joint MOTION For Time Re: Pleadings by Plaintiff Island Saints, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Beckstedt, Carl) |
| Filing 44 TRANSCRIPT REQUEST by Island Saints, LLC for proceedings held on 10/28/24 and 10/30/24 before Judge Molloy.. (Beckstedt, Carl) |
| Filing 43 TRANSCRIPT REQUEST by Cardow, Inc. for proceedings held on 10/28/24 and 10/30/24 before Judge Robert A. Molloy.. (Hodge, Thoron) |
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Filing 42
ORDER (RAM) For the reasons stated on the record at the hearing held on October 31, 2024, the Temporary Restraining Order issued on October 24, 2024, shall be extended to November 25, 2024, by consent of the parties. Defendant shall have until November 8, 2024, to file an opposition to the Plaintiff's motion for preliminary injunction. Plaintiff shall have until November 15, 2024, to file a reply. The parties shall meet and confer and file a notice with the Court by no later than November 8, 2024, with regards to the time for Defendant to file a responsive pleading to the Complaint filed on October 8, 2024. (DR)
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| Filing 41 EXHIBIT and WITNESS LIST (CAB) |
| Filing 40 Minute Entry for proceedings held before Chief Judge Robert A. Molloy: Evidentiary Hearing held on 10/30/2024. (Court Reporter Persha Warner.) (CAB) |
| Filing 39 NOTICE of Filing Affidavit of Service of Subpoenas by Island Saints, LLC (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Beckstedt, Carl). |
| Filing 38 TRANSCRIPT REQUEST by Island Saints, LLC for proceedings held on 10/28/24 before Judge Molloy.. (Beckstedt, Carl) |
| NOTICE OF CORRECTED DOCKET ENTRYRe: #34 Notice (Other).This seems to be a subpoena returned executed, but page 2 of the subpoena is not executed as a return of service, with an affidavit of service, wrong event used, counsel needs to refile correctly. (TNS) |
| Filing 37 EXHIBIT and Witness List (Attachments: #1 Continuation of Exhibit Sheet) (CAB) |
| Filing 36 Minute Entry for proceedings held before Chief Judge Robert A. Molloy: Evidentiary Hearing held on 10/28/2024. (Court Reporter Persha Warner.) (CAB) |
| Filing 35 NOTICE Filing Process Server Affidavit by Cardow, Inc. (Attachments: #1 Exhibit A) (Hodge, Thoron) |
| Filing 34 NOTICE Filing Process Server Affidavit by Cardow, Inc. (Attachments: #1 Exhibit A) (Hodge, Thoron) |
| Filing 33 NOTICE of Filing Process Server Affidavit by Cardow, Inc. (Attachments: #1 Exhibit) (Hodge, Thoron) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Quash (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Envelope) (TSJ) |
| Filing 31 MOTION to Quash Subpoenas by the Government of the Virgin Islands. (Attachments: #1 Proposed Order) (TSJ) (Additional attachment(s) added on 10/28/2024: #2 Envelope) (TSJ). |
| Filing 30 NOTICE of Limited Appearance by Jalicha Persad on behalf of the Government of the Virgin Islands Department of Licensing and Consumer Affairs and Nicholas Francois. (TSJ) (Additional attachment(s) added on 10/28/2024: #1 Envelope) (TSJ). |
| Filing 29 Amended Witness List by Cardow, Inc.. (Wilhite, Kanaan) |
| Filing 28 Witness List by Cardow, Inc.. (Wilhite, Kanaan) |
| Filing 27 Exhibit List by Cardow, Inc... (Wilhite, Kanaan) |
| Set Hearings: Evidentiary Hearing set for 10/30/2024 09:30 AM in STT Courtroom 1 before Chief Judge Robert A. Molloy. (CAB) |
| Filing 26 Witness List by Island Saints, LLC. (Beckstedt, Carl) |
| Filing 25 Exhibit List by Island Saints, LLC.. (Beckstedt, Carl) |
| Filing 24 NOTICE of Filing of Declaration of Ken Chapman by Island Saints, LLC (Attachments: #1 Affidavit Declaration of Ken Chapman) (Beckstedt, Carl) |
| Filing 23 NOTICE of Bond Posting by Island Saints, LLC (Attachments: #1 Exhibit A) (Beckstedt, Carl) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dissolve Temporary Restraining Order re #18 Temporary Restraining Order,,,,,, Set Deadlines/Hearings,,,,, #17 Memorandum Opinion filed by Defendant Cardow, Inc.. (Attachments: #1 Text of Proposed Order) (Wilhite, Kanaan) |
| Filing 21 MOTION to Dissolve Temporary Restraining Order re #18 Temporary Restraining Order,,,,,, Set Deadlines/Hearings,,,,, #17 Memorandum Opinion by Defendant Cardow, Inc.. (Attachments: #1 Text of Proposed Order) (Wilhite, Kanaan) |
| Filing 20 NOTICE of Filing Affidavit of Service of Summons by Island Saints, LLC (Attachments: #1 Exhibit Exhibit A) (Beckstedt, Carl) |
| Filing 19 Notice of Intent to Serve Subpoenas by Island Saints, LLC (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Beckstedt, Carl) . |
| Filing 18 TEMPORARY RESTRAINING ORDER (RAM) Island Saints, LLC's motion for temporary restraining order, ECF No. #2 , is GRANTED. Defendant Cardow, Inc. and its agents are ENJOINED, PROHIBITED and PRECLUDED for 14 days from the date of this Order from using in any manner the mark "MEGANS 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 consumers, customers, or the public in general with respect to the source of products and services offered for sale, distributed, or sold by Cardow, or with regard to there being a connection between Cardow Inc. and Bellows International. It is further ORDERED that Cardow, Inc. and its agents are ENJOINED, PROHIBITED and PRECLUDED for 14 days from the date of this Order from selling, distributing, or manufacturing any products in the U.S. Virgin Islands under the name "Magens Bay Rum." The provisions of this Temporary Restraining Order shall not go into effect until Plaintiff Islands Saints, LLC posts security with the Clerk of the Court in the form of a $10,000.00 bond (or its cash equivalent). An evidentiary hearing on Plaintiff's motion for a preliminary injunction shall commence promptly at 10:00 A.M. on Monday, October 28, 2024, in St. Thomas Courtroom 1. (DR) |
| Filing 17 (RAM) MEMORANDUM OPINION (DR) |
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Filing 16
ORDER (GAT), Vacating the Order 13 granting Motion for Extension of Time #8 . (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO)
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| Filing 15 OATH OF ADMISSION of Joseph T. Murray, Esq. Related Document: #14 (CAB) |
| Filing 14 Minute Entry for proceedings held before US Magistrate Judge G. Alan Teague: Teams Video Oath of Admission Hearing held on 10/24/2024. (TRH) |
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Filing 13
ORDER (GAT), granting Motion #8 for Extension of Time. Defendant shall have up to and including 11-01-2024 to respond to Plaintiff's Motion #2 for a Temporary Restraining Order and Preliminary Injunction. Defendant shall also have up to and including 11-15-2024 to file a responsive pleading to Plaintiff's Complaint #1 . (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 12
ORDER (GAT): Oath of Admission Hearing for Joseph T. Murray, Esq. is set for October 24, 2024, at 08:30 AM, via Microsoft Teams, before U.S. Magistrate Judge G. Alan Teague. The Court will provide conferencing information. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO)
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Filing 11
ORDER (GAT) dated 10/22/2024 That Joseph T. Murray, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court to take the oath prior to such practice. (CAB)
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| Filing 10 NOTICE of Appearance by Thoron Corey Hodge on behalf of Defendant Cardow, Inc. (Hodge, Thoron) |
| Filing 9 Minute Entry for proceedings held before Chief Judge Robert A. Molloy: Status Conference held on 10/21/2024. (Court Reporter Persha Warner.) (CAB) |
| Filing 8 Stipulation MOTION for Extension of Time to File Answer and Respond to Request for Temporary Restraining Order by Defendant Cardow, Inc.. (Attachments: #1 Text of Proposed Order) (Wilhite, Kanaan) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Attorney: Joseph T. Murray(paid $250 PHV fee; receipt number AVIDC-1173718) by Defendant Cardow, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order) (Wilhite, Kanaan) |
| Filing 6 NOTICE of Appearance by Kanaan Le'Roy Wilhite on behalf of Defendant Cardow, Inc. (Wilhite, Kanaan) |
| Filing 5 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge issued via upload to plaintiff(s) Island Saints, LLC Related DE #4 (KW) |
| Filing 4 Summons Issued as to Cardow, Inc. (KW) |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Island Saints LLC, d/b/a Bellows International. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Beckstedt, Carl) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Island Saints LLC, d/b/a Bellows International. (Attachments: #1 Text of Proposed Order Proposed Order) (Beckstedt, Carl) |
| Filing 1 COMPLAINT against Cardow, Inc. ( Filing fee $ 405 receipt number AVIDC-1171851.)filed by Island Saints LLC, d/b/a Bellows International. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons) (Beckstedt, Carl) |
| NOTICE OF CORRECTED DOCKET ENTRY:Filer is advised that going forward please utilize the correct divisional code of 3 when inserting the case number on the documents.Re: #1 Complaint,. (KW) |
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| Plaintiff: Island Saints, LLC doing business as Bellows International | |
| Represented By: | Carl A Beckstedt, III |
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| Defendant: Cardow, Inc. | |
| Represented By: | Thoron Corey Hodge |
| Represented By: | Kanaan Le'Roy Wilhite |
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