A federal judge in Minnesota ruled that Abbott Laboratories, the creators of Pedialyte, can continue with its trademark suit against Revitalyte, a similar electrolyte beverage made popular through a partnership with sports and pop culture media company, Barstool Sports.
In an Aug. 13 opinion, U.S. District Judge Donovan W. Frank for the District of Minnesota denied Revitalyte’s motion for summary judgment against Abbott’s claims for trade dress infringement, trade dress dilution, trademark infringement and false designation, trademark dilution and Minnesota Deceptive Trade Practices Act, finding Abbott put forth sufficient allegations at this stage to support its allegations. Abbott claims Revitalyte infringed on its oral electrolyte solution, Pedialyte, and used language that Revitalye that its use of the “compare to Pedialyte” language when sponsoring Barstool Sports on social media.