BrandDunk

Branding the World of Sports

Act II: Gatorade vs Powerade – The Legal Battle

Posted by ZA on April 14, 2009

PepsiCo and Coca-Cola are at it again; battling tooth-and-nail for the lead position to quench consumers thirst.  This time the fight is with their sports drink division, which matches up heavyweights Gatorade and Powerade.  The current dust up started with Powerade’s new campaign launch, which directly attacked Gatorade as the “incomplete sports drink”.  Powerade is using a heavy buy on ESPN and outdoor to support their message of superiority to Gatorade.

Now Gatorade is striking back, but not in the form of an advertising campaign.  Gatorade is seeking legal action to stop Powerade from what G calls, “false advertising, trademark dilution, deceptive acts…and unfair competition.”  Gatorade refutes Powerade’s claim of superiority in having two additional electrolytes.  Gatorade also wants the court to prevent Powerade from using “distorted” depictions of Gatorade bottles in their advertisements.

If nothing else this gives the lawyers at PepsiCo & Coca-Cola something new to clash over.  My guess is that Gatorade wins in preventing Powerade from using their direct brand marks in the campaign, but doesn’t prevail in stopping Powerade from claiming to be more “complete”.

Gatorade Logo

The best line in the AdAge article was from the Coca-Cola spokesman who said, “We stand behind our product and are prepared to defend the role that Powerade plays in hydrating consumers.”  I loved the part about “hydrating consumers” because it is typical PR guy speak to use while defending your brand.

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