Prime Hydration countersues Messi’s drink company over bottle design
US District CourtLogan Paul and KSI’s Prime Hydration have filed a countersuit against Lionel Messi’s drink company, Mas+ by Messi, claiming they violated their trademark for bottle design.
Major League Soccer player Lionel Messi revealed his hydration drink, Mas+ by Messi, in June 2024 and users across social media almost immediately noticed similarities between it and Prime Hydration.
According to an October lawsuit filed by Mark Anthony International, the distributor for Messi’s drink, Prime almost immediately reached out with claims that Mas+ violated its trade dress, which is a trademark for Prime Hydration’s bottle designs.
Messi’s drink company filed its lawsuit against Prime in an attempt to get a declaratory judgment by a judge to confirm that the footballer’s drink is not copying Logan Paul and KSI’s bottle design.
During an episode of Impaulsive with KSI as a guest, Logan shared that Prime had “a plan” on how to respond to the lawsuit from Mark Anthony, and now it appears that plan has been revealed.
Prime Hydration claims Mas+ by Messi bottle design created “unfair competition”
On November 20, 2024, Prime Hydration filed a countersuit against Mark Anthony and Mas+ by Messi directly claiming that the athlete’s drink directly infringes on Prime’s trademark due to its bottle design and tagline similarities. Prime also claimed the product’s look caused unfair competition as fans confused the two.
US District Court“Mark Anthony’s unauthorized use of the Infringing Trade Dress, including as a trade dress, is likely to cause consumer confusion, mistake, or deception as to the source, origin, or sponsorship of the parties’ respective goods,” it reads.
“The trade and consuming public are likely to believe, and do believe, Mark Anthony’s goods are provided, sponsored, approved, endorsed, licensed by, or in collaboration with Prime Hydration.”
To back up claims that customers are unknowingly getting confused by similarities in both products’ designs, the complaint shows several Instagram screenshots of fans sharing Mas+ by Messi and claiming it’s Prime Hydration.
US District CourtPrime Hydration requests that Mark Anthony International change the bottle design and tagline, as well as pay them for damages caused by the alleged infringement. Prime also requested that they receive any profits made by the sale of the existing bottles.
This is just the latest legal battle that Prime Hydration is facing. On Friday, November 8, the company was sued by another hydration brand alleging that the Prime X bottle designs infringed on its design trademarks.