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Pepsi, Gatorade Slogan Deemed Fair Use In Trademark Row

Law360 (June 14, 2018, 10:14 PM EDT) -- An Illinois federal judge on Thursday handed PepsiCo Inc. a quick win in a trademark suit brought by sports nutrition consulting firm SportFuel Inc., saying that Gatorade Co.'s slogan "Gatorade The Sports Fuel Company" is clearly fair use.

U.S. District Judge Matthew F. Kennelly found that Pepsi and its subsidiary Gatorade did not use the term “sports fuel” as a trademark, that the words described Gatorade’s product, and that the term was used in good faith.

“In almost all of the instances in which Gatorade uses the slogan ‘Gatorade The Sports Fuel Company,’ the word Gatorade appears above the words ‘The...

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Illinois Northern

Nature of Suit

840(Trademark)

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Date Filed

August 4, 2016

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