Judge Denies Injunction Vs. Hershey In ZonePerfect Trademark Suit

Law360, New York (August 20, 2004, 12:00 AM EDT) -- A federal judge has denied ZonePerfect Nutrition Company's request for a preliminary injunction to stop the sale of Hershey Foods Corporation’s SmartZone nutrition bar.

In his ruling, Judge Richard Stearns of the U.S. District Court for the District of Massachusetts noted that he could not conclude that ZonePerfect had established a likelihood of success on the merits.

Hershey Foods said the judge also noted the "fact that ZonePerfect appears to be attempting to sow consumer confusion by implying that its product is associated with Dr. Sears...
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