H.J. Heinz Co., which makes Weight Watchers Smart Ones frozen meals, urged a Pennsylvania federal court Tuesday to undo a trademark office decision allowing Boulder Brands USA INC, the makers of Smart Balance spread to register their brand name as a trademark for frozen foods and snacks.
The court initially decided that the two trademarks are sufficiently distinct to co-exist without causing confusion among consumers, but Heinz has now filed a lawsuit against Boulder Brands USA seeking to vacate and reverse a Trademark Trial and Appeal Board (TTAB) decision.
According to law firm Shook Hardy & Bacon LLC, cited by lexology.com, “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.”