A local rum producer has initiated legal action against another company for trademark infringement, following the latter’s decision to market rum under a name that closely resembles its own.

Island Saint LLC, operating as Bellows International, has been offering rum under the trademark “Magens Bay Rum” since late 2005, as stated in the complaint submitted on Thursday to the V.I. District Court. This branding stems from an exclusive agreement with Magens Bay Authority to manufacture rum using the Magens Bay name.

Labels from Bellows International’s Magens Bay Rum

Since the launch of its sales in October 2005, the volume has impressively increased from 79 cases to 1,158 cases by 2003. Over the years, Bellows has sold more than 122,000 bottles of Magens Bay Rum, resulting in revenue that surpasses $458,000.

Around May 2024, the complaint alleges that Cardow Inc., a company recognized for its jewelry, officially registered the trade name “Magens Bay Rum” with the Government of the Virgin Islands and began marketing products under this name.

The complaint claims that Cardow’s product “uses identical imitations of Bellows’ MAGENS BAY RUM mark in a manner that is likely to cause consumer confusion and deceive the public.” Bellows contends that Cardow’s actions are causing “irreparable” damage to its brand. One significant impact of Cardow’s activities, as stated in the complaint, is that the Department of Licensing and Consumer Affairs issued a cease and desist letter to Bellows due to Cardow’s registration of the trade name.

The cease and desist order instructed Bellows to stop selling its rum, which had been in the market for nearly two decades, “despite Bellows having properly registered its label with DLCA” as recently as 2016 when they updated the labels for both the white and gold rum variants.

To complicate the situation, Bellows claims that Cardow has started to sell bottles of a competing product “to the very same retail and restaurant establishments where Bellows had been distributing its brand for the previous 19 years.”

The purported “imposter” bottles, as stated in the complaint, are being sold by Cardow Inc.

Bellows is requesting that the court recognize its “clear entitlement to a common law trademark,” citing its “exclusive and extensive use of the mark in the jurisdiction.” The company also seeks a ruling that federal trademark infringement has occurred, along with common law trademark infringement due to Cardow’s use of the name Magens Bay Rum. They are asking for both a preliminary and permanent injunction to stop Cardow from using the mark. Additionally, Bellows is seeking damages for unfair competition and for Cardow’s unfair business practices.

As of the time of this report, Cardow had not provided a response to the complaint.