Atkins Nutritionals VP Nutrition Communication & Education Colette Heimowitz
A potentially ugly legal firestorm is currently brewing between two of the largest low-carb food manufacturers in the United States–Dixie Diner vs. Atkins Nutritionals.
As I shared earlier this week, Tomball, TX-based Dixie Diner has filed papers with the United States Patent and Trademark Office to secure use of the term “Eco-Atkins” that was first used by researchers in a published June 2009 study. Dixie contends that a low-fat, low-carb nutritional approach is what they have represented in three decades of being in business and that this new marketing term that they want to plaster on the front packaging of their hundreds of mostly soy-based food products helps to streamline that message.
I contacted Colette Heimowitz, Vice-President of Nutrition Communication & Education at Denver, CO-based Atkins Nutritionals (ANI), to request an official response to this possible trademark infringement by Dixie Diner on their name. They were unaware of the issue when I brought it to their attention, but Heimowitz quickly issued the following response to this attempt to use the name “Eco-Atkins”:
“A myriad of derivative low-carbohydrate programs have sprung up over the past few years, all claiming to be a new and improved version of Atkins. Eco-Atkins is the most recent example,” Heimowitz told Livin’ La Vida Low-Carb. “But the truth is that Atkins has always been the leader in low-carb nutrition with its scientifically validated approach to low-carb weight loss and weight control. Obesity, and obesity related health problems, are at epidemic levels and Atkins has made all the significant contributions to weight loss through low-carb nutrition and science.”
Heimowitz went on to say that there will always be companies attempting to piggyback on the success of the low-carb Atkins nutritional approach, but research has shown time and again that the original low-carb lifestyle advocated and promoted by the late great Dr. Robert C. Atkins has held its own against all of these low-carb “imitators” over the years.
“The imitators are just that – imitators, untested, and free riding on Atkins’ reputation for success and science. The bottom line is that the public needs a healthy approach to eating based on peer-reviewed science. A successful low-carbohydrate nutritional approach is not about subtle differences in fat grams; it is about controlling carbohydrates. And when it comes to that, Atkins is the only time-tested and scientifically validated program in existence,” she added
As for the possible trademark violation by Dixie Diner attempting to trademark the name “Eco-Atkins” and use it in their own product marketing, Heimowitz said the appropriate legal action would be taken to protect the good name of Atkins Nutritionals from imposters.
“We at ANI become very concerned when anyone attempts to free-ride on the success and reputation of Atkins by using deceptively similar names or trademarks, and our lawyers have been made aware of and are looking into this new situation,” Heimowitz exclaimed.
The theory is that perhaps Dixie Diner believes they are absolutely within their legal rights since “Eco-Atkins” is not the same as Atkins. In other words, they believe there is nothing wrong with what they are doing using the Atkins name in their attempt to trademark “Eco-Atkins” and therein will lie the primary legal issue.
We will continue to follow this story as new developments unfold. What do you think about about this attempt by Dixie Diner to use a derivative of the Atkins name in their proposed trademark? Should they be allowed to do this or is it an obvious case of trademark infringement? What do you think?
