Revitalyte Must Face Abbott Suit Over Pedialyte Mark (Correct)

Revitalyte LLC failed to escape Abbott Laboratories’s lawsuit claiming its electrolyte drinks infringe the trade dress of Pedialyte and that it has falsely suggested endorsement through social media posts.

Examples of Revitalyte LLC retweeting comments referring to its products as “the adult version of Pedialyte” and “barstool sports Pedialyte” sufficiently support Abbott’s claims of trademark infringement and false designation, Judge Donovan W. Frank said in an order issued Tuesday in the US District Court for the District of Minnesota. He denied Revitalyte’s motion for judgment on the pleadings, allowing all of Abbott’s claims to move forward.

Abbott filed the infringement, ...