Chicago Sports Nutrition Company Suing Gatorade For Trademark Infringement

Chicago-based nutrition company SportFuel is suing Gatorade, "claiming the sports drink giant appropriated its name for a new branding campaign," according to Robert Channick of the CHICAGO TRIBUNE. Gatorade began calling itself the "Sports Fuel company" last year, "launching an ad campaign and marketing a product line including energy bars, protein powder and a sports drink under that banner." SportFuel Founder Julie Burns has "used that moniker to market sports nutrition consulting services for the past 23 years." Burns "filed a trademark infringement lawsuit last week." Gatorade's Sports Fuel ad campaign "hit the airways last fall with a commercial featuring an all-star roster of athletes," including WNBA Chicago Sky F Elena Delle Donne and Blackhawks D Duncan Keith. SportFuel "enlists some star power of its own, with a testimonial" from Blackhawks C Jonathan Toews on its website. The lawsuit shows that Burns "registered the SportFuel name with the U.S. Patent and Trademark Office" in '08. The lawsuit "alleges Gatorade was 'fully aware' of SportFuel's nutrition products and services and 'intentionally copied' and marketed the offerings for the sale of supplements, sports drinks and other products." It is seeking to "stop Gatorade from using the Sports Fuel name, unspecified punitive damages and any profits the company generated through the sale of 'infringing' products" (CHICAGO TRIBUNE, 8/10).