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USA TodayJul 10
US Olympic Committee Sues Prime Energy Drink
Above: PRIME energy drinks are seen on shelves at a Walmart Supercenter on July 10, 2023 in Austin, Texas. Image copyright: Brandon Bell/Staff/Getty Images News via Getty Images
The Facts
The US Olympic and Paralympic Committee (USOPC) is suing Prime Hydration, YouTuber Logan Paul's energy drink brand, for alleged trademark infringement.
In a federal lawsuit filed in the District of Colorado, the USOPC alleges that Paul's company Prime Hydration used trademarked phrases — including "Olympian," "Olympic," and "Team USA" — specifically on its advertisements featuring NBA player Kevin Durant.
The Spin
Narrative A
Prime's use of Olympic-related trademarks infringes on the USOPC's legally protected intellectual property, allowing it to garner huge profits despite no official association. The committee has exclusive deals with brands like Coca-Cola for using Olympic trademarks, and Prime's unlicensed use of these trademarks undermines these agreements.
Narrative B
Prime Hydration is allowed to use Olympic-related phrases under Nominative Fair Use. Even if Prime isn't an official sponsor, it's not barred from discussing the Olympics. Since the company is simply promoting Kevin Durant as an athlete, the usage of USOPC's trademarks can't be deemed commercial.