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

About The Author


For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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