Smart for Life Sued in Federal Court
In todayÂs headlinesÂ
Cookie DietÂ Creator Dr. Sanford Siegal's Company, Owner of the Cookie DietÂ Trademarks, Sues Smart for Life Weight Management Centers Franchisor
Lawsuit Against Smart For Life Weight Management Centers Franchisor and Principal Sasson Moulavi Alleges Trademark Infringement, Cyberpiracy, Lanham Act Violations and Other Causes of Action.
January 7, 2007--MIAMI, FL--Through his company, SM Licensing Corporation (SMLC), renowned physician, author, and weight loss expert Dr. Sanford Siegal, famous for creating the Cookie DietÂ http://www.CookieDietCookies.com) weight management program and related diet cookies, shakes and soup, yesterday filed a Federal lawsuit against Boca Raton-based U.S. Medical Care Holdings LLC, franchisor of the Smart for Life Weight Management Centers, and its principal, Sasson Moulavi. The lawsuit, which was filed in the United States District Court Southern District of Florida, cites numerous causes of action related to the defendantsÂ alleged unauthorized use of intellectual property belonging to SMLC, including license rights to Dr. SiegalÂs name, the "Cookie DietÂ" trademark and other trademarks, and copyrighted images.
From September 2004 until August 2006, a franchising agreement permitted the defendants to use certain trademarks owned by SMLC and to distribute the famous SiegalÂ diet cookies, shakes and soup. Although the relationship between SMLC and the defendants ended in August of 2006, the lawsuit alleges that the defendants continue to use the Siegal IP.
SMLCÂs lawsuit seeks a preliminary injunction to immediately stop the defendants from continuing to use the trademark "Cookie DietÂ" and all other Siegal IP; the assignment to SMLC of various web domains containing the Siegal name and trademarks; and compensatory and punitive damages.
In 1975, Dr. Sanford Siegal created the Cookie DietÂ and its first product Â an oatmeal raisin diet cookie Â to help control his patientsÂ hunger so that they could lose weight on a calorie-restricted diet. Other flavors, as well as shakes and soup, soon followed. The diet cookies and other foods provide unusual hunger control per calorie as a result of Dr. SiegalÂs secret blend of certain food proteins called amino acids. The Cookie DietÂ foods contain no drugs.
More than 500,000 patients have been on the Cookie DietÂ during the past thirty-two years. Dr. Siegal and his program have been featured in dozens of media outlets including ABCÂs Good Morning America, WomanÂs World and Health magazine. Recently, Dr. Siegal announced his decision to make the Cookie DietÂ foods available nationwide from doctors and drug stores beginning in March. A story about the decision appeared in the January 19, 2007 issue of South Florida Business Journal. A web site, www.CookieDietCookies.com, notifies interested consumers where they will be able to obtain the Cookie DietÂ products in their area.