The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade’s use of the slogan, ““Gatorade The Sports Fuel Company” beginning in 2016 amounted to fair use under the Lanham Act and therefore did not violate SportFuel Inc.’s trademark rights. SportFuel is a nutrition and wellness consulting company based in Chicago that holds two registered trademarks for “SportFuel.” Around 2013, Gatorade, a subsidiary of PepsiCo., began a rebranding effort that included public descriptions of its products as “sports fuels”. Gatorade registered a trademark for “Gatorade The Sports Fuel Company” in 2016 but disclaimed “The Sports Fuel Company” due to the U.S. Patent and Trademark Office’s (USPTO’s) notice that the phrase was descriptive of its products. However, the company continued to use the slogan.
Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use
No Comments
Business
- Trade and Commerce in West Africa and How it Influences IP Rights
- Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act
- How Patents Helped Sprout the World’s First Plantable Pencil
- Patent Filings Roundup: Battle-Tested Off-Roading Patent Asserted; Jack Henry Battered Again
- When it Pays to Talk About Your Secrets
Recent Posts
- From Agent to Examiner and Back Again: Practical Lessons Learned from Inside the USPTO
- Other Barks & Bites for Friday, January 15: Copyright Office Issues Final Rule on Unmatched Musical Works Under MMA, $1 Billion Copyright Verdict Against Cox Communications Upheld, USPTO Publishes Report on China IP Filings
- USPTO Report Puts Chinese Innovation Growth in Context
- IFI Claims Reports: Patent Activity Increases Despite Pandemic, IBM Again Dominates Granted U.S. Patents, Samsung Leads Global 250
- Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case