In May this year Abbott Laboratories announced it was suing potential rival nutrition-bar makers Hershey Foods and the Zone Diet inventor Barry Sears to stop them from introducing a nutrition bar dubbed SmartZone later this year.
But Judge Richard Stearns of the US District Court for the District of Massachusetts earlier this month denied the motion for a 'preliminary injunction', saying he could not conclude that ZonePerfect had established a likelihood of success on the merits.
"He also noted the 'fact that ZonePerfect appears to be attempting to sow consumer confusion byimplying that its product is associated with Dr. Sears and his Zone Diet,'" say Hershey Foods in a statement released this week.
In its preliminary injunction in April this year, ZonePerfect asked a US District Court judge in Boston to stop Hershey and Sears from manufacturing, advertising or selling any nutrition bar with the word "Zone," "Zone Perfect," "SmartZone" and several related names.
Illinois-based Abbott Park, bought ZonePerfect for $160 million last year and in 2003, the North Beverly-based ZonePerfect racked up $100 million in revenue.
In 1996, Sears co-founded and became president of ZonePerfect's predecessor company, but Sears and his affiliates were bought out of the company in 2001.
Hershey announced plans in February 2004 to introduce Hershey's SmartZone nutrition bars, which will be sold in chocolate, peanut butter and chocolate, lemon and strawberry flavors. The new products are slated for availability at the beginning of September, and will be the first nutrition bars to carry the new 'Dr. Sears Zone Approved' seal.
" This launch is another step forward in our strategy of offering consumers a range of healthier snack choices," said Andrew England, vice president and general manager, of the $4.2 billion Hershey Foods.