Vapor
Professional Disposables International has been making Sani-Hands alcohol wipes since 1995, so the Rockland company noticed when SantiHands, a new product produced by a vape supply company, appeared on store shelves after the outbreak of Covid-19.
PDI sued NicVape
Inc., the maker of the phonetically similar hand sanitizer, Sept. 11 in
U.S. District Court, White Plains, for trademark infringement.
NicVape,
the complaint states, “willfully intended to trade on plaintiff’s
reputation and to cause confusion” between SantiHands and Sani-Hands.
PDI
says it is a pioneer in manufacturing alcohol prep pads and germicidal
disposable wipes. Nice-Pak Products Inc., an affiliated company, was
granted the Sani-Hands trademark in 1995 for antiseptic, premoistened
towelettes.
The wipes are more than 99% effective against many
bacteria, viruses and fungi, according to PDI, in preventing infections.
Sani-Hands are marketed to health care staff and patients and
foodservice patrons who don’t have access to soap and water.
It
is the number one sanitizing wipe in health care, according to the
complaint, and it has been certified as a Food and Drug Administration
food code compliant.
NicVape, based in Spartanburg, South
Carolina, was founded in 2010, according to its website, and describes
itself as the “ultimate source for the finest vape liquids, ingredients
and vaping supplies online.”
The website makes no mention of SantiHands, and the company did not respond to an email asking for its side of the story.
NicVape has applied for trademark registration for SantiWipes, according to the complaint.
NicVape’s
wipes began showing up in August at Home Depot stores, the complaint
states, in the Bronx, Hawthorne, Port Chester and Fairfield,
Connecticut.
PDI says it asked NicVape to cease and desist from using the SantiHands mark, but NicVape has not responded.
The
complaint claims that many new hand sanitizer makers do not use the
stringent manufacturing and testing procedures that PDI employs. It also
notes that the FDA has recently recalled hand sanitizers that contain
toxic alcohols, but provides no evidence that SantiHands does so.
A
National Drug Code filing lists SantiHands’ active ingredient as
alcohol, at 80%. The product label, as depicted in a photo exhibit in
the lawsuit, shows its composition as 80% ethyl alcohol.
PDI’s Sani-Hands has 70% ethyl alcohol.
PDI
accuses NicVape of trademark infringement, dilution of Sani-Hands’
reputation for excellence, false designation of origin and unfair
competition.
It is demanding that NicVape stop using the SantiHands mark, destroy the products, and abandon its application for a trademark.
PDI is represented by Stamford attorneys Stephen P. McNamara and Alyson J. DiLena.
Source: westfaironline.com
Author:Bill Heltzel
Editor:Vapor