Drink Wars: Prime Hydration and MÁS+ BY MESSI Clash Over Trade Dress Infringement.
A legal clash has emerged between two major players in the hydration drink market—Prime Hydration, founded by social media stars Logan Paul and KSI, and MÁS+ BY MESSI, the hydration drink created in collaboration with global soccer icon Lionel Messi. At the heart of this lawsuit, filed in a New York federal court, is a trade dress infringement claim, accusing Messi’s new drink of copying Prime Hydration’s distinctive packaging design.
What Is Trade Dress?
Trade dress refers to the visual appearance of a product, including its packaging, shape, logo, and design, which helps distinguish it from competitors. For a trade dress to be legally protected, it must be distinctive and non-functional, meaning it should not affect the product’s performance or quality.
Lionel Messi’s Mas+ Energy Drink
The Allegations and Counterclaims
Mark Anthony, the company behind MÁS+ BY MESSI, has filed a complaint denying the accusations, claiming that Prime Hydration’s packaging design is not unique enough for protection. The lawsuit specifically addresses the brightly colored labels, flavor-matching caps, and large logos used by Prime. Mark Anthony seeks a declaratory judgment, hoping to clarify that MÁS+ is not infringing on Prime’s packaging.
In response, Prime Hydration counters that its design has become distinctive and recognizable due to extensive use and marketing since its launch in 2022. Prime also claims that the similarities in packaging are causing consumer confusion, and that Mark Anthony’s use of phrases like “Positive Hydration” and “Replenish, Refresh, Revive” is too close to Prime’s trademarks.
Key Legal Challenges Ahead
The case presents significant challenges for both parties. Mark Anthony must prove that Prime Hydration’s trade dress is neither unique nor non-functional, potentially relying on consumer surveys and expert testimony. On the other hand, Prime Hydration faces the task of proving that its design is iconic and non-generic, further complicating the legal landscape.
Why Trade Dress Protection Matters
This case highlights the importance of trade dress protection in the competitive beverage market. Companies like Prime Hydration and MÁS+ BY MESSI invest heavily in packaging and branding to stand out. However, trade dress protection comes with risks, including the burden of proving distinctiveness and avoiding consumer confusion.
As this case unfolds, it will set important precedents for how beverage brands protect their packaging designs and handle legal disputes in the crowded market of hydration drinks.