How many gallons are in an Olympic swimming pool? A look at the volume
USA TodayJUL 2024
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 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.