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Low-Carb Food Manufacturer Dixie Diner In Possible Trademark Infringement Using The Atkins Name


Dixie Diner’s low-fat, low-carb products fit the “Eco-Atkins” diet

Last month I shared with you a study that was published in the June 8, 2009 issue of the medical journal Archives of Internal Medicine about a new plant-based low-carb diet the researchers described as “Eco-Atkins.” They were attempting to make the original high-fat, low-carb Atkins diet as outlined by the late great Dr. Robert C. Atkins supposedly even “better” by transforming it into a low-carb, low-fat, low-calorie nutritional approach in an effort to lower LDL cholesterol levels while still helping people lose weight. Basically, this “Eco-Atkins” is a vegetarian low-carb diet attempting to piggyback on the success of Atkins. Read the irreverent, but spot-on commentary from low-carb author and real Atkins diet defender Dana Carpender had to say about this supposedly “new and improved” low-carb diet.

Well, it didn’t take long for one of the biggest low-carb food manufacturers to use this study as a marketing tool for branding their entire product line with the “Eco-Atkins” concept. The Tomball, TX-based Dixie Diner has long created packaged products for the low-carb and low-fat market that suit dieters of any persuasion. I remember trying a few of the Dixie Diner foods a few years ago and even spoke with a company representative at the time about why they were in business. Their answer was to make “health food that tastes like junk food” while limiting both carbohydrates and fat. While they succeeded in virtually eliminating almost everything except protein and fiber from their products, the taste was downright atrocious. I’m all for finding low-carb alternatives, but they gotta taste good.

Just about everything Dixie Diner has created is made with some kind of soy byproduct and sweetened with something called “low glycemic monosacharide” and “low glycemic fruit concentrate.” I don’t even want to know what those things are, but they certainly don’t sound like something I want going inside my body. With literally hundreds upon hundreds of packaged food products for people following a dairy-free, gluten-free, low-carb, low-fat, fat-free, low-sodium, sugar-free, vegan, or diabetic diet, Dixie Diner has tried to be everything to everybody with their business model. But now they’ve jumped on the “Eco-Atkins” bandwagon and could be headed into some legal trouble by doing so.

Bob Beeley, chairman of Dixie USA Inc. which has manufactured and distributed the Dixie Diner product line for three decades, issued a statement last week to stores selling his products regarding his company’s decision to start using the “Eco-Atkins” term (using that logo you see at the top of this column) on the front packaging of their products to proudly promote their low-fat, low-carb products. He said this is a natural continuation of the work they have been doing since they first started providing a line of low-carb products to the Atkins Nutritionals company a few years back.

“From the beginning, Dixie was the leading supplier to Atkins Nutritionals of lower-fat low carb products. We were proud to have been their largest third-party vendor. Most of the original products were developed by Dixie for Atkins, and continue to be manufactured and sold by Dixie today. But it didn’t stop there. Dixie continues to develop better low carb products. Eco-friendly is a new word for Dixie’s original products. It still applies today,” Beeley stated.

He went on to say that this new research published last month confirms his long-held belief that a vegetarian version of the Atkins diet is much more preferred for people who are on a low-carb diet than the original high-fat version created by Dr. Atkins.

“Based upon the recent studies showing the substantial benefits of vegetarian-based low carb eating, Dixie has adopted (and registered) the moniker “ECO-ATKINS” and will begin using it on many of its low carb products,” Beeley added. “Dixie has been eco-friendly since its beginning more than thirty years ago. We will continue to do so and welcome you as partners in good health, good nutrition, and sustainable agriculture.”

But there’s only one problem for Beeley and Dixie Diner and it’s a pretty major one–the term “Atkins” they are so blatantly using is a registered trademark of Atkins Nutritionals, Inc. (ANI) and has been since 1999. When ANI discontinued the vast majority of their product line in 2005 following their bankruptcy, Dixie Diner no longer became a third-party vendor for them and was no longer authorized to use the Atkins logo on their packaging. In fact, according to the ANI web site about their trademarks, the terms ATKINS, ATKINS ADVANTAGE, ATKINS ENDULGE, the ATKINS “A” logo, DR. ATKINS, ATKINS DIET, ATKINS NUTRITIONAL APPROACH and other related marks are the exclusive property and trademarks of ANI. So does this mean the use of “Eco-Atkins” is a possible trademark infringement?

Keep in mind that it is illegal for any business or individual to use any of those terms in Google advertising or other forms of marketing of or for products or services they want to bring to the attention of consumers. That’s why the copyright and trademark laws are in place to prevent the blatant misuse of the intellectual property of others. I’ve left a message with a representative from Atkins Nutritionals regarding this potential legal violation by Dixie Diner and will provide you an update on their response to this when I hear back from them. This could become a very ugly legal battle in the coming months.

Is all this really worth the hassle just to use a stupid, meaningless term like “Eco-Atkins?” Would you buy a product simply because it promoted itself in that manner? Share your comments about this issue below and tell us whether you think Atkins Nutritionals has a case for trademark violation against Dixie Diner.

  • http://www.jenniferayers-gould.com ~*~ Jennifer ~*~

    I agree that it’s clearly a copyright infringement for Dixie to be using the Atkins name on its products without consent from those who clearly hold the rights to this name. It’s not like they are using a generic term like “low-carb”. Atkins is a specific person, brand, and diet. I also agree that most of Dixie Diners products are nasty. I have tried quite a few during my low-carb days and haven’t found anything that was really great. Plus, I don’t like eating a bunch of mono-di-sodium-hydro-glyceride-ates (or anything else which requires an advanced degree in chemistry to decipher and/or create). I do have one positive comment, though. I believe that the direction that Dixie Diners is attempting to go in is a step in the right direction, however misguided it may be. Moving away from animal products and more toward natural, healthy, organic, vegetarian low-carb foods is definitely the way to go for optimal health. In my own journey, I have moved from simply low-carb to a raw vegan low-carb diet. I feel that it is a move to the “next level” of healthful living. However, any successful method of eating and living in a way that increases one’s overall health and well-being is a good thing.

  • http://pictureyourselfthinner.com Linda Woods

    DITTO JENNIFER, Raw vegan low-carb or in other words Organic and Natural Food is the only way to avoid the diseases we’ve brought upon ourselves with processed, sugary, salty, caffeinated so-called food. The bottom line here is: a step in the right direction is better than nothing.

  • Loretta

    My goodness, I am grateful that our ancestors didn’t feel the need to be enlightened vegans!! None of us would exist now…the human race would have died out, due to lack of food! If I understand it correctly, before sustainable agricultured was learned they relied upon meat from the hunt for their protein source. Only occasionally did they find in their foraging the types of “vegan” food that today’s vegan low carbers would consider acceptable. I respect anyone’s right to choose what they feel best for themselves…but I wonder…

    Times change…knowledge increases…ideas evolve…but I wonder if our bodies have kept up with our “enlightenment”??

    I am still looking for answers, and find all the differing viewpoints to be a little confusing. But I truly appreciate all the information that you, Jimmy, bring to us. I am in a desparate fight for my life in this weight loss. With much difficulty, I have lost about 70 lbs, but have been stuck there a long time. I still have about 200 lbs to lose to reach goal, and only recently discovered low carb. My “home page” for learning, links, advice, motivation and HOPE has been Jimmy Moore’s Livin La Vida blog. THANK YOU!!!

    Awww, thank you so much, Loretta!

    –Jimmy

  • AJ

    Dixie seems to believe it is entitled to use the Atkins name. It will be interesting to see what happens.

    As a vegetarian myself, I would not eat this rubbish. And as for low-carb vegetarians wanting low-fat foods – absolute balderdash! I WANT my fat. And I’m sure I’m not the only low-carb vegetarian out there who realises the importance of good and healthy fats in our diet.

    Dixie is not serving the needs of consumers; it is trying to catch those who still have the low-fat-eating mindset but want to try low carb – and who also can’t be bothered to eat healthy REAL food.

    Who put the con in consumers? Hmmmm, let me think…

  • http://lowcarbculinary.blogspot.com/ Rose

    Over the years I have tried several of Dixie Diner’s products. I have found that their products taste ranges from ok (the brownies) to downright inedible. Such is the trial and error when trying to make low carb baked goods.

    I do not at all appreciate that this company is cashing in on Atkins name/fame while trashing the Atkins principals. If they want to do a vegan version of low-carb, fine, but stand on their own name. Like Dana, I am more likely not to buy these products if the trademark issue isn’t resolved amicably with Atkins Nutritionals.

  • Vicki

    Lortetta – I’m with you ! While we all find our own path, a simple, meat-based diet has changed my life, and I would only go “veg” if I was starving to death and had no choice. IMHO being “veg” is the “IN” thing right now, especially among younger folks. And from what I’ve read, the “evidence” that it’s better seems to use a lot of the junk science methodology as outlined by Gary Taubes. I’ll stick with the traditions of my neolithic ancestors as much as possible. As for “Dixie Diners” products – yes – this is definitely copyright infringement, and since I post on Atkins website, I am definitely bringing it to their attention if someone hasn’t already.

    Vicki, I let ANI know about it yesterday and will be sharing their statement about this soon.

    –Jimmy

  • http://sparkofreason.blogspot.com Dave

    I’ll bet “low glycemic monosaccharide” and “low glycemic fruit extract” both refer to fructose.

    Right, Dave! It probably is fructose–again, NOT something you want in your body.

    –Jimmy

  • Kelly

    Am I the only one who remembers that Jimmy posts recipes all the time with “Dixie” ingredients? Strawberry Crepes anyone?

    Although I agree with the copyright argument, you might want to keep an eye on the products you promote before you trash them in a different post.

    Just because I don’t personally like the Dixie products doesn’t mean others won’t, Kelly. Take a chill pill, my friend.

    –Jimmy

  • Yvonne

    Jimmy – Low-Carb Band-it here….Do you know much about the new Atkins meals? I’m wondering if they’re shelf friendly or have to be frozen and more importantly, do they taste good and fit into our lifestyle? I’d like to see you and Christine do a video tasting and rating these new foods.

    I’ve only heard about them Yvonne, but haven’t tried the new Atkins products coming out. I’m sure I will at some point. :) THANKS for writing!

    –Jimmy

  • http://www.jenniferayers-gould.com ~*~ Jennifer ~*~

    I will not personally criticize anyone who chooses to eat animal products (although my personal beliefs and enlightened mind cannot allow myself to consume them, although I still prepare such meals for the rest of my family), but I cannot allow the propagation of uneducated remarks from someone who believe that it’s impossible to survive — let alone THRIVE (lose weight, heal from disease and experience physical and spiritual bliss) — on a vegan diet. Living (raw vegan) food is a vibrant source of health, energy and complete protein. One does not require meat (or dairy) to survive.

    The following (not all-inclusive) list of foods are considered complete proteins (meaning that they contain all of the essential amino acids necessary for human survival):

    ~ Nuts
    ~ Soy foods, such as tofu, tempeh, miso, and soy milk
    ~ Sprouted seeds (each type of sprout has differing proportions of nutrients, so it’s best to eat a variety of them)
    ~ Grains, especially amaranth and quinoa, are highest in protein and are high-quality proteins
    ~ Beans and legumes, especially when eaten raw
    ~ Spirulina and chorella (blue-green algae), which are over 60 percent protein
    ~ Chia Seeds
    ~ Bee Pollen

    Every person must choose the healthiest path and whatever works for you and that you can stick with is the best diet for you.

    ~*~Namasté~*~

  • pjnoir

    So sorry to hear that you oppose Universal Health Care. Spoken like a true Republican that has no fear of ever losing the health care he already is fortunate to have. Our health care is so out of whack right now- anything would be an improvement. Once doctors worked for the sick- today they work for Health Care companies. There are many social programs that work very well in this country- no reason that better HC couldn’t be on that list- unless of course you think Americans can’t do it right.

    Thanks for your comments, pjnoir. But I think you meant to leave this comment on my FFF post. If you go back and read that one again, you’ll see that I stated I do not currently have health insurance. But that doesn’t mean the government should take it over because it’s not their role according to the Constitution. Do we need reform? You bet we do. But it must come from the private sector. That’s not a political view, just the right one. Thank you again for your feedback.

    –Jimmy

  • http://www.lowcarbcurmudgeon.com Dana

    Oh lord. A list of foods that are “healthy.” Let’s see:

    Nuts: Sure, but they’re seed foods, meaning they need processing to a certain extent, and outside our industrial food system they’re only available part of the year.

    Soy foods: If you eat much unfermented soy you’re an idiot. Full stop. I actually have begun avoiding most low-carb convenience foods for this reason. I LIKE being able to absorb the minerals I eat, and if I want estrogens in my body, my body is more than capable of making them itself. Even Asians don’t eat that much soy. The Japanese eat tofu, but they eat it in miso, balanced out with kelp.

    Sprouted seeds: are OK but you must eat them fresh. Sprout them yourself, don’t buy them in the store. Probably *the* best way to eat most seeds, if you must.

    Grains: are seed foods and must be processed to remove phytate, and are too high in carbs for the amount of protein they contain.

    Beans and legumes: I hope you don’t mean you eat the dried beans raw. Again a seed food, again must have the phytate removed first, again too carby for the amount of protein. Green beans are OK, I guess, but in my experience they are just nasty uncooked.

    Spirulina and chorella (blue-green algae): are not recognized by most human beings as food. And you have to grow them in vats, or else harvest them from a body of water, thereby disturbing the lake/marine life.

    Chia Seeds: Again, a seed food. And too damn tiny. They work better as garnish than as a main course.

    Bee Pollen: WTF is bee pollen? You mean flower pollen, right? Again, not something that all human beings recognize as food. And way too difficult to gather for the amount of nutrition you get.

    Do vegans even eat real food or do you sit around in smoking circles trying to think up weirder and weirder stuff to outdo Moon Unit and Starshine who had the fermented manure tea last week?

    You have to plow, plant, and harvest to be a vegan, which causes animals to die. You have to cook plants, sometimes in weird ways, to be a vegan. You HAVE to. If you eat all plant food raw you’re going to run a nice little gamut of phytochemicals that you do NOT want coursing around through your body–the goitrogens in brassica vegetables such as broccoli and cabbage, for instance. Or the oxalic acid in spinach. I have spoken with people who could not be vegetarian because they absorb plant iron poorly–they had to have heme iron or they were anemic. I have experienced for myself that I cannot get enough vitamin A through beta carotene, I MUST obtain retinol and for that I have to eat critters. And you can’t get enough saturated fats through a vegan diet unless you eat coconut and palm oil, and that requires importing it, which is NOT eco-friendly. (I eat coconut anyway, but I recognize it could go away at any time if food prices keep going up.)

    It’s so much easier to raise a herd of cattle and get milk from them and slaughter some of them than it is to go through all the contortions you go through. And the nutrients are so much more available, with much less taxing of the pancreas. But hey, if you’re here in this life to make life harder for yourself, go ahead.

  • http://www.jenniferayers-gould.com ~*~ Jennifer ~*~

    I am a very healthy raw vegan athlete and mother of four who transitioned to this lifestyle from a previous strict Atkins diet which I followed for many years.

    I merely provided an inconclusive list of some of the food sources for non-animal-derived complete proteins available to vegans/vegetarians (in response to a previous post stating that the only way to get complete proteins was to eat animal products). I’m not sure what your post was responding to or why you chose to reply with such a negative tone. I regularly eat most all of the foods I mentioned and have experienced no difficulties in obtaining them nor with my health and well-being. I’m not pushing my food choices on anybody, merely providing a list of foods to support the fact that one does not need to consume animal products to survive.

    Nobody from my blog is attacking you, Jennifer. If you like a raw food vegan diet, then go for it.

    –Jimmy
    If you would like more information about how easy and nutritious a raw food diet can be as well as explore the many health benefits, please visit http://www.living-foods.com/faq.html or acquire information from raw food experts like Matt Monarch (http://www.rawspirit.org), Angela Stokes-Monarch (http://ww.rawreform.com), Kevin Gianni (http://www.liveawesome.com/), Phillip McCluskey (http://www.lovingraw.com/), David Wolfe (http://www.davidwolfe.com/), or the Boutenko Family (http://www.rawfamily.com/). However, if you would like to continue to carry out this personal attack and further demonstrate ignorance about the raw food diet, you may contact me (or one of the aforementioned raw food experts) personally rather than carrying out your attack totally out of context in a public forum about low-carb living.

    I fail to understand the intolerance and negativity that I’ve received by providing some clarification about a raw vegan diet.

    Why can’t we all just get along?