The US Olympic and Paralympic Committee (USOPC) has filed a lawsuit against a YouTuber for trademark infringement. The suit, filed in Colorado, accuses online star Logan Paul of unlawfully using trademarked phrases to advertise his energy drink company Prime Hydration. The phrases include “Olympic,” “Olympian,” “Team USA,” and “Going for Gold.”
One advertisement campaign for the drinks company features NBA star Kevin Durant. The ads include lines such as “Team USA Kevin Durant Drink” and “Kevin Durant Olympic Prime Drink.”
The lawsuit alleges that Prime Hydration wilfully and knowingly engaged in trademark infringement, doing so with malicious intent and in bad faith. It said Prime Hydration caused “damage and irreparable injury” to the USOPC.
The USOPC is responsible for training and supporting American Olympic athletes and says that it relies on trademark licensing to raise much-needed funds. It accuses Prime Hydration of not only using trademarks without permission but of continuing to do so after it issued a “cease and desist” requesting that it stop.
Prime Hydration has also stirred significant controversy in the UK, where some schools have banned its drinks. The Prime drinks first went on sale in Britain in 2022 and were a major hit, with some stores selling out and people paying over the odds to get hold of a bottle. An official from a school in the English town of Redditch described Prime as having a “cult following” before announcing that pupils were no longer permitted to consume it inside school gates.
There was further controversy when Prime Energy was launched in 2023, with a warning that it was not suitable for people under 18 due to its high caffeine content. British health professionals immediately declared that the labeling made little difference because the two products looked so much alike. Several schools responded with new rules that allowed pupils only to bring water bottles in from outside. Many British schools already had such policies in place, with some banning all products except those that can be purchased on school grounds.
In one school in Stafford, in the English Midlands, school authorities went even further and inspected pupils’ drinks. Parents received a letter from the school urging them not to use Prime bottles for water and asking that bottles be affixed with a label including the child’s name. Officials also cited costs and said the drinks were expensive, and they wanted to avoid pressure on kids who could not afford to buy them.
Logan Paul, a former professional wrestler, launched Prime Hydration with his partner Olajide “KSI” Olatunji in January 2022. It immediately separated itself from the mainstream market with flavors including ice pop, blue raspberry, bubble gum, and cotton candy. It also billed itself as healthier than comparable alternatives and even declared that doctors were among its early consumers.
Last summer, Senate Majority Leader Chuck Schumer called on the US Food and Drug Administration (FDA) to investigate the company, emphasizing the caffeine content of its drinks and its marketing strategy.
