Hershey Foods Corp. will go ahead with its September launch of SmartZone nutrition bars after a Massachusetts judge ruled last week that competitor Abbott Laboratories can’t block the new brand.
ZonePerfect Nutrition Co., a division of Abbott, sought to stop Hershey from marketing a bar that allegedly infringed on its ZonePerfect trademark. ZonePerfect requested a preliminary injunction against Hershey in April; a U.S. District Court judge denied the request earlier this month and cancelled the Aug. 23 trial date, Hershey Foods said.
Hershey’s SmartZone bars hit retail shelves nationally next month, the first nutrition bars to carry the new “Dr. Sears Zone Approved” seal given by Zone Labs, founded by Dr. Barry Sears, who invented the Zone Diet. Hershey partnered with Zone Labs in February to develop nutrition snacks. Hershey, PA-based Hershey launches SmartZone with four flavors: chocolate, peanut butter and chocolate, lemon and strawberry.
ZonePerfect bought the ZonePerfect trademark from Dr. Sears and his associates in 2001 for $5 million, a ZonePerfect spokesman said. Hershey has counter-sued ZonePerfect and parent Abbott Park, IL-based Abbott, which bought ZonePerfect in 2003, claiming false advertising. The case is expected to go to trial in late 2005 at the earliest; ZonePerfect has filed a motion asking the judge to reconsider trial postponement.
“The ZonePerfect brand is well-established, and millions of consumers have rewarded us with growing volume and loyalty,” said a ZonePerfect statement about the suit. “We welcome competition.”
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