7th Circ. Says Pepsi, Gatorade 'Sports Fuel' Slogan Is Fair Use

By Lauren Berg (August 2, 2019, 8:13 PM EDT) -- A Seventh Circuit panel affirmed PepsiCo Inc.'s 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 fair use after finding widespread use of the term "sports fuel" in the nutritional product industry.

In a unanimous opinion, the panel agreed with the district court's finding that Gatorade's fair use defense holds up, ruling that the company didn't use the term "sports fuel" as a trademark but as a description of its products. Producers of sports nutrition products for athletes regularly use the term "sports fuel" to...

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