A Rye Brook company claims that an Alabama veterinary supply business is illegally selling its KN95 face masks.
Bona Fide Masks Corp. accused Veterinary Internet Co. of deceptive business practices in a complaint filed last month in U.S. District Court, White Plains.
Bona Fide distributes Powecom KN95 face masks that are made in China by Guangzhou Powercom Labor Insurance Supplies Co.
Bona Fide, formed in 2020, was organized to address the “scourge of low-quality or dysfunctional masks,” according to the complaint, “which did not adequately protect users, particularly front-line workers facing the Covid pandemic.”
In 2021, Powecom granted Bona Fide exclusive rights to distribute its KN95 masks in the United States. Bona Fide’s parent company, Ball Chain Manufacturing Co. in Mount Vernon, registered the Powecom trademark for the U.S. market.
Bona Fide doesn’t just distribute the masks, according to the complaint. It inspects, tests and authenticates them to ensure safety and reliability.
Masks are marked with serial numbers to prevent counterfeit versions from getting into the marketplace, and customers must agree not to resell them without Bona Fide’s consent.
Bona Fide boasts that it has made Powecom masks one of the most popular KN95 brands in the U.S.
But Veterinary Internet Co. has imported and distributed Powecom masks without authorization, the complaint states.
The Union Grove, Alabama business promotes itself as “your source for all things pet,” according to its web site, including foods and treats, vitamins and supplements, medicines and toys, and “odds and ends.” It is under that last category, between antiseptic solution and poop bags, that it offers KN95 face masks for people.
Bona Fide claims that the pet supply company’s VIC website and Amazon marketplace offer Powecom masks for sale. They were not purchased from Bona Fide, the complaint states, “therefore have not been subject to … rigorous quality controls and supply chain integrity protocols.”
Veterinary Internet Co. acknowledged an email asking for its side of the story but did not provide a comment.
Bona Fide accuses the pet supply business of trademark infringement, unfair competition, unlawful importation of goods, deceptive trade practices and false advertising.
It is asking the court to order the business to stop selling noncertified Powecom masks or imitations of the masks, destroy masks in its possession, and disgorge profits from the selling the masks.
Bona Fide is represented by Manhattan attorneys Paul W. Garrity and James Salem.
