Stokely-Van Camp, Inc. v. Coca-Cola Co.

OPINION AND ORDER

JOHN G. KOELTL, District Judge.

This is a case about an advertising battle between two major consumer products companies over one company’s comparison of its beverage to human sweat. That company advertises its beverage by promoting its inclusion of certain electrolytes contained in sweat, and its competitor wants it to stop.

In late March 2009, the defendants The Coca-Cola Company and Energy Brands Inc. (collectively, “Coca-Cola”) launched a reformulation of its Powerade sports drink beverage called “Powerade ION4.” Powerade ION4’s main point of differentiation is that it is…