The TTAB determined on March 27 that the marks were sufficiently distinct that consumers were unlikely to be confused.
However, Heinz claims that the name ‘Smart Balance’ on frozen entrees would “be likely to cause consumer confusion, mistake, or deceive as to affiliation, connection or association between Heinz and Boulder Brands”.
In court papers filed Tuesday (May 26), Heinz called for the federal court to reverse the March 27 decision of the TTAB and to declare that Boulder’s Smart Balance mark, when used on frozen foods – “is likely to… deceive the purchasing public”.
It added: “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.”
Boulder Brands did not respond to a request for comment.
The Case is HJ Heinz Company v Boulder Brands USA Inc 2:15-cv-00681