The United States Olympic and Paralympic Committee (USOPC) has sued Prime, Logan Paul’s and KSI’s energy and sports drink brand, in federal court in Colorado alleging that Prime used the USOPC’s trademarks without authorization. Specifically, the USOPC alleges that the brand has used the marks on a collaboration sports drink with gold medal athlete and NBA star Kevin Durant. The USOPC has called Prime’s acts “willful, deliberate, and in bad faith”.
The Kevin Durant x Prime bottle branding contains many references to the Olympics, including terms and phrases like describing Kevin Durant as a “3x Olympic Gold Medalist” and asking the question “What makes a true Olympian repping Team USA?”. One (now deleted) post on social media stated, “step up your hydration game with the Kevin Durant Olympic Prime Drink!”. The USOPC sent a cease and desist letter to Prime, but it appears Prime is still selling and marketing the drink.
The USOPC owns numerous Olympic-related trademarks. In addition to trademark rights based on use and registration with the United States Patent and Trademark Office, the Ted Stevens Olympic and Amateur Sports Act grants the USOPC exclusive rights to use and license Olympic trademarks and symbols in the United States. The Act protects many Olympic-themed trademarks, including the term “Olympic”, and the 5-ring symbol. The USOPC generates licensing revenue from these trademarks which is then used to fund U.S. Olympic teams and athletes.
To defend this lawsuit, Prime may claim that any use of a USOPC trademark is protected by fair use. Prime can argue that they are merely describing Kevin Durant’s achievements as an Olympian and not using “Olympic” and related phrases as trademarks. However, the fact that this use is commercial and used to sell products may weigh against Prime. Another likely defense for Prime is a position that consumers that see the bottle will not think that the USOPC is affiliated with or has endorsed the Kevin Durant Prime drink. In order for a trademark infringement claim to be successful, the plaintiff must show a likelihood of confusion, that is, a consumer is likely to think that the goods originate from or are affiliated with the entity or person using the trademark.
Another option may be for Prime to seek a license from the USOPC to allow Prime to use the “Olympic” trademarks. However, this does not seem likely due to the USOPC’s exclusive agreement with Coca-Cola.
The USOPC is no stranger to enforcing their trademarks and has prevailed in previous trademark infringement lawsuits. Most trademark infringement cases settle prior to trial, but the USOPC might go for gold if they think they have a slam-dunk!