Urban Dictionary defines “Haterade” as “a figurative drink representing a modality of thought; those who consume it are themselves consumed by the negativity which with they speak.” The people that make Gatorade define it as “trademark infringement”. Gatorade has filed a lawsuit for trademark infringement against a muscle building supplement called “Haterade”.

Stokley-Van Camp, Inc. (sounds like name of a snobby rich kid) is the Indiana company behind the most popular energy replacement drink, Gatorade. In 1967, Gatorade was developed by physicians and coaches at the University of Florida (the Gators, get it) to help football players cope with lose of fluids during practices and games played during the extreme Florida heat. The first GATORADE trademark was registered in 1968 and the company has gone on to produce a plethora of other products such as protein shakes and meal bars. Gatorade not only owns a trademark to the name but a registered trademark to the lightning bolt logo design.

On November 1, 2014, DuraCaps Labs, LLC, out of Georgia, began distributing dietary and nutritional supplements in powder form using the HATERADE mark and with a lighting bolt logo. In Septemeber 2014, DuraCaps filed to register the HATORADE trademark. After some back and forth, DuraCaps agreed to stop using the lightening bolt logo and withdrew the trademark application. But, DuraCaps allegedly went back on this agreement and continued to use the HATERADE mark and lightening bolt in association with its goods. Therefore, this lawsuit was commenced.

Stokley is suing for trademark infringement and dilution and wants a court order recalling and destroying all Haterdade from the marketplace. Stokley also seeks its damages and attorneys fees. Not to be a hater but Haterade should have just stuck with the deal to stop using the logo because this is a clear case of infringement. Seeing that above packaging, the marks look almost identical to Gatorade’s. If you are a fan of Haterdade you better go hurry up and buy as much as you can because I don’t think it will be on the market for too much longer.

