This week's BL Business Branding Newsletter takes a sip of the latest trademark drama in the food-and-beverage world. Olipop, the fast-growing prebiotic soda brand, has filed a lawsuit against Nutruit, accusing the snack maker of infringing its "Olipop" mark through a line of olive snacks.
Founded in 2018 with the goal of reimagining soda as a gut-friendly beverage, Olipop has quickly earned a devoted following thanks to its fun flavors and health-forward focus. What started with three flavors has expanded to nearly twenty in under a decade, with products now sold at Whole Foods, Target, Walmart, and through their online subscription business. Beyond beverages, Olipop has stepped into pop culture, with its cans featured in the Barbie World music video, collaborations with Universal Pictures and Mattel, and even a spot on TIME's 2024 "Most Influential Companies" list.
According to the complaint, Nutruit began selling olives under the "Olipop" and "Nutruit Olipop" names despite Olipop's established trademark registrations across beverages and lifestyle categories. The soda maker alleges that Nutruit marketed the products online, including through the hashtag #Olipop, creating a likelihood of consumer confusion. After sending cease-and-desist letters that allegedly went unanswered, Olipop is now seeking injunctive relief, monetary damages, and destruction of the infringing inventory.
Olipop's rapid rise has been matched by a trademark portfolio designed to support its goals beyond soft drinks. The company has pursued registrations for supplements, apparel, candles, and frozen fruits, proving how seriously it takes its intellectual property. This case reflects a bigger trend in consumer good. As brands begin to stretch across different lifestyle categories, the boundaries between markets become blurry. Olipop's lawsuit isn't just soda versus snacks, it's about preserving brand image, shaping market perception, and defending a fast-scaling business.
What Can Businesses Learn From This?
Olipop's action is a strategic step to protect the strength and reputation of a brand that now extends beyond the soda aisle. Its complaint shows how Nutruit's use of the "Olipop" name risks confusing consumers and weakening the image the company has carefully built. Protecting intellectual property isn't a one-time effort – it should be proactive and ongoing. Growth and protection must advance together, and a forward-looking trademark strategy is the best way to keep your brand sparkling and out of legal hot water.
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