A Mount Vernon air purifier maker is suing a competitor for $60 million for allegedly infringing on its trademarks.
SteriLumen Inc. accused a Florida company of deceiving customers, in a complaint filed Aug. 11 in U.S. District Court, White Plains, by renaming itself as AeroClean Technologies and making itself “confusingly and deceptively similar” to SteriLumen’s “Airo” trademarks.
The companies make similar products and sell to the same types of customers in a $20 billion market, the complaint states.
The Mount Vernon company was founded in 2016 by Max Munn as Global Decor Inc., according to a state corporation record, and renamed as SteriLumen in 2017. It is a subsidiary of Applied UV Inc., a publicly-traded company also based in Mount Vernon.
SteriLumen’s products use HEPA filters, carbon layers and ultraviolet light to trap and kill airborne pathogens, such as coronaviruses.
The devices are used in medical and dental offices, public venues like baseball parks, food processing and storage facilities, schools, homes, offices and government buildings, the complaint states, and even by NASA to disinfect the International Space Station.
SteriLumen says it began using variations of the “Airo” trademark from 2014 to 2020, including Airoclean, Airocide and Airopro. The words were registered as trademarks from 2017 to 2021.
The Florida competitor was founded as Cleanco Bioscience Group in 2011, the complaint states, and changed its name to AeroClean Technologies in September 2020. It sells products under the Purgo and SteriDuct trademarks.
SteriLumen says it has no objection to the Cleanco trade name, but the AeroClean company name is too similar to the “Airo” trademarks that it have been developed into a valuable business.
SteriLumen accuses AeroClean of diluting its distinctive trademarks, harming its reputation, competing unfairly, and deceiving consumers.
It is demanding $60 million in treble damages and is asking the court to stop AeroClean from using imitations of the “Airo” trademarks.
AeroClean spokesman Drew Tybus declined to comment on the allegations.
SteriLumen is represented by Scarsdale attorney Robert B. Golden.
