Popular sports drink Gatorade has filed a lawsuit against the makers of a bodybuilding supplement named “Haterade,” accusing of infringing its marks and “harmfully associating” the sports drink with the “colloquial, derogatory term “hater.”

Stokely-Van Camp Inc. which owns the trademark for Gatorade accuses Active Sports Distribution and DuraCap Labs LLC for ignoring multiple attempts to resolve the matter.  Hence, the lawsuit was filed on September 17^th in federal court in Illinois.

The complaint alleges that the workout supplement company, which makes supplements under the name “Haterade,” dilutes the Gatorade marks by blurring and by tarnishment, by making customers think of a “fictional or metaphorical beverage consumed by hateful, jealous or angry people.”

It will be an interesting case to follow.  In most instances, the claim that a mark tarnishes another relates to issues where the trademark owners’ reputation is hindered.  This usually involves a use of a mark which links it to products that are of poor quality or portrayed as distasteful.  The best example of this is taking a trademark name and using it for some form of adult content.

On the other hand, a claim under blurring occurs when the third party’s use of the trademark decreases the likelihood that the mark will serve as a unique identifier of the owner’s product and hinder the selling power of the owner’s mark.

In either case, the only relief that the plaintiff may make is for injunctive relief In this case that would mean that the makers of Haterade must cease selling its product.

(Via Law360)

For most Seahawks fans, we would like to forget the last Seahawk offensive play of Super Bowl XLIX. It was a great game, but horrible way for the season to end. Rest assured, it looks like the Hawks could make another run next season. As for the business side of the Seahawks franchise; it is booming. In fact, the Seahawks have filed a number of trademarks to ensure that it capitalizes on its recent success. While some of the applications may not succeed such as its attempt to trademark the number “12,” securing trademark protection is an important way to ensure that you protect your business.

Seahawk running back Marshawn Lynch filed several trademarks pertaining to his own personal brand including the phrase, “I’m here so I won’t get fined.” This was the phrase Lynch repeated again and again at NFL Media Day during the Super Bowl this year. Lynch will likely use the term to sell apparel for his “Beast Mode” brand.

While most business owners may not have as profound marks as the Seahawks or Lynch, the protection of trademarks is an important part of a business.

If you have any trademark issues, please do not hesitate to contact me.