Heinz frozen food trademark dispute shows no sign of thawing

Food manufacturer Heinz has filed a complaint at a US court in its attempt to have two ‘Smart Balance’ trademark applications owned by Boulder Brands rejected.

Heinz filed the complaint at the US District Court for the Western District of Pennsylvania on Tuesday (May 26) against the US food company

The dispute concerns two of Boulder’s ‘Smart Balance’ trademark applications that it filed in 2009, covering soy chips and frozen meals.

Heinz owns ‘Smart Ones’ trademark registrations, which it uses for its Weight Watchers ready meal products. The company owns five trademarks covering frozen food products, the first being registered in 1995 and the latest in 2008.

Heinz sold the Weight Watchers unit in 1999, but retained a licence to the Smart Ones brand.

ProMark Brands, Heinz’s predecessor in the dispute, had instituted opposition proceedings at the Trademark Trial and Appeal Board (TTAB) in 2010 against both Boulder’s applications. Heinz acquired the trademarks from ProMark during the opposition proceedings.

The TTAB consolidated both oppositions in 2011. It heard the case in April 2014 and on March 27, 2015 ruled that the ‘Smart Ones’ brand is unlikely to be diluted by or confused with the ‘Smart Balance’ applications.

In the latest complaint, Heinz stated: “The ‘Smart Ones’ marks are some of the most famous trademarks in the frozen food category. The TTAB erred by not giving proper weight and consideration to the strength and fame of the ‘Smart Ones’ marks and the evidence of substantial advertising, use, consumer recognition, marketing and sales.”

A spokesperson for Heinz told WIPR that while its policy is not to comment on pending litigation, the company "stands strongly behind its position".

Boulder had not responded to a request for comment at the time of publication.