Heinz Seeks Reversal of TTAB Decision on Smart Balance® Trademark

H.J. Heinz Co. has filed a lawsuit against Boulder Brands USA seeking to
vacate and reverse a Trademark Trial and Appeal Board (TTAB) decision
finding that the marks representing Heinz’s Weight Watchers Smart
Ones® and Boulder’s Smart Balance® are sufficiently distinct, allowing
both to exist. H.J. Heinz Co. v. Boulder Brands USA, Inc., No. 15-0681
(W.D. Penn., filed May 26, 2015).

In its opposition to the Smart Balance® mark, Heinz asserted that the
Smart Ones® mark was famous and would be diluted by Smart Balance®,
but based on insufficient evidence TTAB disagreed in its March 2015
decision. In addition to the reversal, Heinz seeks a declaration of likelihood
of confusion and a declaration of dilution under the Lanham Act
and asks the court to direct the U.S. Patent and Trademark Office to
invalidate the Smart Balance® mark.

Issue 566