Weight Watchers sues Nestlé over trademark use
According to the lawsuit, Weight Watchers has said that Nestlé does not have permission to use its trademarks on its Lean Cuisine line of ready meals and Skinny Cow brand of ice cream, made by Nestlé subsidiary Dreyer’s. Both the Lean Cuisine and Skinny Cow websites carry lists of Weight Watchers points values, and Lean Cuisine’s site has a function allowing customers to browse its product range according to points values. In addition, both ranges advertise their Weight Watchers points values on pack.
Weight Watchers has its own range of ice creams and ready meals targeted at dieters, while Nestlé owns Jenny Craig, a major competitor to the Weight Watchers diet program.
The Lean Cuisine website carries the following statement: “Weight Watchers and Points are registered trademarks of Weight Watchers International, Inc. The number of Points provided here was calculated by Nestlé based on published Weight Watchers International, Inc., information and does not imply sponsorship or endorsement of such number of Points or Lean Cuisine products by Weight Watchers International, Inc.”
However, Weight Watchers is seeking to stop Nestle from using its trademarks, claiming that the owner of Jenny Craig is benefiting unfairly from their use. It also seeks payment of damages, and “restitution of improper profits”, according to a Reuters report.
The Weight Watchers points system allocates a certain number of points to foods, taking into account fat, calories and fiber. Participants in the program are allowed a certain number of points each day based on their height, current weight, age, and activity level.
