US confectionery firm Hershey Foods has announced that it is proceeding with the launch of its SmartZone nutrition bar after ZonePerfect Nutrition Company’s request for a preliminary injunction to stop the sale of the product was denied by a US district court judge.
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ZonePerfect, a subsidiary of Abbott Laboratories, filed suit against Hershey in April this year, alleging that Hershey’s product infringes the ZonePerfect trademark. Hershey, which denies any infringement, said a trial of the case will not occur for at least a year, at which time Hershey’s counterclaims will be heard. One of Hershey’s counterclaims is that ZonePerfect has engaged in false advertising by representing that its products are endorsed by Dr. Sears, author of the Zone Diet.
Hershey announced plans in February 2004 to introduce SmartZone nutrition bars, which the company now says will be available nationwide beginning in September as planned.
