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National Geographic 'Zone' Book Infringes Trademark, Suit Says

The National Geographic Society is infringing trademarks held by the creator of the "Zone" diet and lifestyle program by publishing its own health-related book titled "The Blue Zone," a Massachusetts federal court suit alleges.

Dr. Barry Sears says the book is confusingly similar to his best-selling "Zone" books.

According to the complaint, filed in the U.S. District Court for the District of Massachusetts, Sears conceived of the "Zone" program more than 15 years ago.

The program's aim is to help people control and balance their hormone and insulin levels to improve long-term health and mental productivity.

Since he self-published his first best-seller, "The Zone," in 1995, Sears and his company, Zone Labs Inc., have published 13 other books that feature "Zone" in the title.

Sears owns about 50 "Zone"-related trademarks for an array of health, nutrition and diet products and services, the complaint says.

In April the National Geographic Society published "The Blue Zone," a book about nutrition and health written by Dan Buettner, according to the suit.

NGS, which publishes National Geographic magazine, is a nonprofit scientific and educational institution.

Like Sears' books, "The Blue Zone" focuses on lifestyle and nutritional strategies.

"The Blue Zone" is marketed to the same classes of purchasers and through the same channels of trade as Sears' books, he argues.

The likelihood of confusion between Sears' books and "The Blue Zone" is "a near certainty," Sears says.

His complaint includes copies of ads for both books resulting from a search on Google.com for "Zone Diet Books."

The defendant's use of the word "Zone" and its adoption of a strikingly similar design for the word "was intended to free-ride on the fame and goodwill" of Sears' marks, he alleges.

The complaint alleges trademark infringement, false designation of origin, dilution and unfair competition.

Sears seeks a permanent injunction and treble damages.

The plaintiff is represented by R. David Hosp, Mark S. Puzella and Stacey M. Lantagne of Goodwin Proctor in Boston.

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