USA – The US Olympic and Paralympic Committee has filed a lawsuit against Prime Hydration, accusing the energy drinks brand of trademark infringement.
The committee claims that Prime is using trademarked Olympic phrases and symbols on a special edition of its hydration drink featuring basketball star and three-time Olympic gold medallist Kevin Durant.
The lawsuit was filed in the U.S. District Court for the District of Colorado, claiming that Prime Hydration’s actions were “willful” and “blatant” violations of trademark laws.
The committee said it does not have an agreement with Prime for the use of its terminology and trademarks and characterized the brand’s actions as “deliberate” and “in bad faith.”
The committee is seeking all profits derived from the infringing products, as well as “millions of dollars” in damages to be determined at trial.
The lawsuit highlights a specific Prime Hydration drink featuring Kevin Durant, the star forward for the Phoenix Suns, who is aiming for his fourth gold medal this summer as a member of the U.S. Olympic basketball team.
The packaging, online ads, and promotions for this drink prominently use terms such as Olympic, Olympian, Team USA, and Going for Gold, all of which are trademarks owned by the US Olympic and Paralympic Committee.
On July 10, an attorney for the Olympic Committee contacted Prime Hydration and requested the company to cease using these trademarks.
However, the lawsuit claims that Prime continued to distribute the drink to stores and promote it on its LinkedIn account after receiving the warning.
The lawsuit also underscores the exclusive sponsorship rights that companies, such as Coca-Cola, secure through significant monetary contributions.
Coca-Cola’s exclusive right to use Olympic trademarks, which helps fund the US Olympic team, could be undermined if other companies use those trademarks without permission.
Prime Hydration was founded in 2022 by YouTube influencers Paul, who has ventured into boxing and wrestling, and Olajide Olayinka Williams Olatunji, known as KSI.
The two have gained attention for various activities, including boxing matches against each other.
Last year, Prime faced criticism from doctors and lawmakers over the high caffeine levels in its Prime Energy drink, which some argued could be harmful to children.
Senator Chuck Schumer of New York called for the Food and Drug Administration to investigate the ultra-caffeinated variety of Prime, noting that it contained about the same amount of caffeine as six 12-ounce cans of Coke.
In response, Prime stated that its energy drinks are not intended for anyone under the age of 18 and that its caffeine levels are comparable to other top-selling energy drinks, adhering to FDA guidelines.
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