Mold in New York is pretty much the same as mold in New Jersey, but use of nearly identical business names to cultivate customers for environmental remediation services, a Rockland company contends, is not a clean way to compete.
NY Fire Water Mold Corp., of Nanuet, accused NJNY Fire Water Mold Corp., of Marlboro, New Jersey, of trademark infringement, in a lawsuit filed on Jan. 21 in U.S. District Court, White Plains.
New Jersey Mold conveys the “false impression,” the complaint states, “that its services were sponsored, associated or affiliated with” New York Mold.
Carl D. Polichetti began offering environmental remediation services in southern New York and northern New Jersey in 2009, according to the complaint. He incorporated New York Mold in 2014 and registered an internet domain for the purpose of promoting its services.
In 2020, the U.S. Patent and Trademark Office approved the NY Fire Water Mold service mark for mold, water, microbial, and asbestos environmental services. The rights were assigned to New York Mold’s CEO and president, Polichetti’s son, Brandon.
New York Mold claims it has invested millions of dollars to ensure that the public associates its name with reliable environmental remediation services.
In May 2024, Toniann E. Cosentino incorporated NJNY Fire Water Mold in New Jersey and registered an internet domain in the name, the complaint states.
Cosentino has worked in disaster restoration for 15 years, according to her website, and New Jersey Mold offers services in New York City and New Jersey.
Nanuet attorney Marie Condoluci sent a cease and desist letter to Cosentino on Dec. 20, on behalf of New York Mold, citing the trademark and threatening to sue if she did not stop using New Jersey Mold’s business name by Jan. 5.
Cosentino did not respond, according to the complaint, and New Jersey Mold has continued to infringe on New York Mold’s trademark.
New York Mold alleges that New Jersey Mold violates trademark laws by causing “confusion and mistake in the mind of the public” and by unfairly benefiting from New York Mold’s advertising and promotion.
New York Mold is asking the court to make New Jersey Mold destroy all products, advertisements and promotional materials that bear its name, including its internet domain name, and to pay all of its profits to New York Mold or, alternatively, pay up to $2 million.
New Jersey Mold did not reply to a message asking for its responses to the allegations.
