by Nicole Maxwell
In July 2024, right before the start of the Summer Olympics, the United States Olympic and Paralympic Committee (USOPC) filed a lawsuit against Logan Paul and KSI’s energy drink brand, Prime Hydration, for trademark infringement.[1] USOPC claimed that Prime Hydration used Olympic-related terminology and trademarks in its marketing campaigns, leading consumers to assume that the entities had an official partnership.
Prime Hydration launched in January 2022 by social media influencers and professional boxers, Logan Paul and KSI.[2] Paul originally gained fame in the United States for his Vine and YouTube content and similarly, KSI rose to fame in the United Kingdom for his YouTube content.[3] The recognition Paul and KSI have received from professional boxing over the past five years has helped launch their energy drink into the sports world. Prime Hydration experienced rapid global expansion, reaching markets in Mexico, France, and Spain. The brand also secured partnerships with famous athletes such as NBA star Kevin Durant, soccer professional Erling Haaland, and NASCAR driver Kyle Larson, further boosting its popularity.[4]
The USOPC alleged that Prime’s use of Olympic-related terms—including phrases like “Going for Gold,” “Team USA,” “Olympic,” and “Olympian”—in its marketing materials created a false impression that the company was affiliated with or endorsed by the USOPC.[5] The Committee reached out to Prime in early July 2024, requesting that Prime cease using the Olympic-related terms, without taking further legal action.[6] After Prime continued to use the terminology, the USOPC sued for trademark infringement.[7]
The USOPC argued that consumers could mistakenly believe Prime Hydration had an official agreement, sponsorship, or marketing campaign with the Olympics.[8] Trademark law, as governed by the Lanham Act, prohibits the unauthorized use of marks and phrases that may cause consumer confusion regarding the source of goods or services.[9] The factors to consider for trademark infringement are: (1) the owner has a valid and legally protectable mark; (2) the entity owns the mark; and (3) the defendant’s use of the mark causes a likelihood of confusion to consumers.[10]
In this case, the Olympic marks are valid because they are distinctive, meaning they clearly identify the source of the services provided, and they are used in commerce, which is clear because the Olympics is a worldwide event.[11] Second, the USOPC legally owns trademarks for the Olympic logo, and terms including “Olympic” and “Olympian” in any context.[12] Finally, the USOPC was able to prove that Prime Hydration’s use of the Olympic-related terms created confusion among consumers, specifically through Prime’s advertisement with Kevin Durant, as Kevin Durant was also participating in the 2024 Summer Olympics.[13]
The lawsuit between the USOPC and Prime Hydration highlights the importance of trademark protection in brand marketing. Brands should be cautious in using well-known terms, especially related to highly-broadcasted events, when selecting marketing terminology. While leveraging well-known terms may boost brand popularity, unauthorized use can lead to trademark infringement disputes.[14] Businesses should prioritize compliance with trademark laws to avoid costly disputes and ensure their marketing strategies remain legally sound.
As a more cautious approach, brands may legally use trademarks owned by other entities through licensing agreements.[15] For example, if Prime Hydration had obtained permission from the USOPC to use Olympic-related terminology through a trademark licensing agreement, it would have been legally protected. Companies looking to capitalize on popular phrases or branding should seek licensing deals to avoid infringement claims.[16] Businesses should take note of the importance of respecting trademark laws and ensuring that their marketing strategies align with legal standards. Companies can avoid trademark infringement and maintain popularity in the marketplace through licensing agreements or careful branding decisions.
[1] See Annalise Levy, Prime Hydration Settles Olympic Trademark Suit Over Durant Drink, BL (Jan. 16, 2025, 8:34 PM), https://tinyurl.com/ys72z8zb (listing the outcomes of the trademark dispute).
[2] See Joshua Bainbridge, Prime Time: The Perpetual Rise of KSI & Logan Paul’s Prime Hydration, JM Wholesale Ltd. (Nov. 28, 2023), https://jm-wholesale.co.uk/blogs/blog/prime-time-the-perpetual-rise-of-ksi-logan-pauls-prime-hydration (discussing how the influencers-turned-boxers grew their successful energy drink brand).
[3] See Logan Paul, Fox Sports, https://www.foxsports.com/wwe/logan-paul-superstar-bio (last visited Jan. 27, 2025); Daniel Yanofsky, Who Is KSI? Bio, Net Worth, Fighting History of YouTube Boxing Star, The Sporting News (Aug. 24, 2022, 5:20 AM), https://www.sportingnews.com/us/boxing/news/ksi-bio-net-worth-fighting-history-youtube-boxing/kqjfuti4xr1abdycphfvfzuk.
[4] See Meet the Prime Team, PRIME, https://drinkprime.com/pages/athletes (last visited Jan. 27, 2025) (showing Prime’s energy drink promoters and the professional sports that advertise the drink).
[5] See Max Hauptman, US Olympic Committee Sues Logan Paul’s Prime Energy Drink Over Copyright Violation Claims, USA Today (July 22, 2024, 4:02 PM), https://tinyurl.com/3nby2kfp (providing examples of the language Prime energy drink used to imply a brand connection to the Olympics).
[6] See Sophie Williams, Prime Sued in Trademark Case by US Olympic Committee, BBC (July 21, 2024), https://www.bbc.com/news/articles/c4ng785gjv0o (discussing the procedural history between Prime Hydration and the Olympic Committee).
[7] See id.
[8] Williams, supra note 6.
[9] See 15 U.S.C. § 1051.
[10] See 15 U.S.C. § 1114.
[11] See id.
[12] See Marianne Chappuis, The Olympic Properties, WIPO Mag. (June 4, 2012), https://www.wipo.int/web/wipo-magazine/articles/the-olympic-properties-38113 (discussing the Intellectual Property rights the Olympic committee holds).
[13] Williams, supra note 6.
[14] See 15 U.S.C. § 1114.
[15] See Trademark Licensing, WIPO, https://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_panorama_12_learning_points.pdf (last visited, Jan. 31, 2025) (providing guiding statutes and laws for trademark licensing).
[16] See id.
