SPORTFUEL, INC., Plaintiff-Appellant, v. PEPSICO, INC. and THE GATORADE COMPANY, Defendants-Appellees., 932 F.3d 589

Summary

HOLDINGS: [1]-Summary judgment was properly granted to a beverage company in an infringement action brought by a nutrition company "SportFuel", claiming violations of its trademark after the beverage company rebranded itself with the slogan, "Gatorade The Sports Fuel Company", because the record did not show that the beverage company used the term "Sports Fuel" as a source indicator where the individual packaging and displays featured its house mark and logo more prominently, it rarely used the term directly on product packaging, the slogan primarily appeared almost as a subtitle to the house mark, and the term was used descriptively, rather than suggestively; [2]-The beverage company also used the slogan fairly and in good faith as bad faith was not demonstrated by its knowledge of the mark, continued use, or lack of documentation related to its approval of the slogan.