Messi Escapes Deposition in Prime Drink Trademark Lawsuit

Global soccer star Lionel Messi dodged deposition in a trade dress lawsuit against Prime Hydration LLC over the sports drink Más+ by Messi.

Prime’s bid to depose Messi at this stage of the case is “vexatious and improper,” Judge Paul A. Engelmayer said Wednesday in an order blocking the effort. Prime hasn’t deposed two “far more convenient sources of testimony” and a deposition would be highly disruptive to Messi’s soccer commitments, according to the order in the US District Court for the Southern District of New York.

Engelmayer said Prime may try to depose Messi later in the case, but that it wouldn’t be authorized unless the company shows he possesses unique information.

The company that owns Más+—Mark Anthony International SRL—sued Prime in October, seeking declaratory judgment that Más+ doesn’t infringe Prime’s bottle design after Prime repeatedly threatened to sue. Prime fired back with infringement counterclaims against Mark Anthony and Messi in November.

Messi requested a protective order last week after Prime scheduled him for a July 28 deposition. The star’s attorneys argued that he won’t reveal unique information about the creation of the trade dress for Más+ and that liaisons handling his marketing and business matters were more suitable sources for depositions.

Engelmayer agreed, noting that Messi has filed a sworn declaration attesting that he lacks unique knowledge of the claims at issue. Prime’s arguments that the deposition wouldn’t be a burden are “uncommonly unpersuasive,” he said, and it’s telling that the company hasn’t deposed Messi’s employees who were present at every Más+ meeting he attended.

Debevoise & Plimpton LLP represents Mark Anthony and Messi. Greenberg Traurig LLP represents Prime.

The case is Mark Anthony Int’l SRL v. Prime Hydration LLC, S.D.N.Y., No. 24-cv-07620, 7/23/25.