ZonePerfect Nutrition Company, a Boston-based subsidiary of Abbott Laboratories, has filed suit against Hershey Foods, claiming that a new product made by the US confectionery firm infringes on ZonePerfect’s trademarks.
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The suit alleges that Hershey’s forthcoming “SmartZone” nutrition bar features a logo nearly identical to the one used on ZonePerfect products. The suit, which also names the Hershey Chocolate & Confectionery Corporation, a division of Hershey, was filed in a US District Court in Boston.
Abbott is also suing Dr. Barry Sears, the creator of the low-carb Zone Diet, whose followers the SmartZone and ZonePerfect products are aimed at. Sears, who founded ZonePerfect Nutrition in 1996 and sold his stake five years later, is co-marketing Hershey’s SmartZone bars, reported Reuters.
ZonePerfect, which was acquired by Abbott last year, claims that when Sears sold his stake in the company he agreed to only use the Zone trademark in connection with the publication of his books.
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