Olipop, a rapidly growing leader in the functional soda market, has filed a lawsuit in the Southern District of New York against Nutruit, LLC, alleging willful trademark infringement over Nutruit’s use of the “OLIPOP” mark on olive snack products.
The suit, filed on August 21, 2025, provides a textbook example of modern trademark enforcement and delivers valuable lessons for retail brands seeking to protect their intellectual property amid increasingly crowded consumer categories. Key Details of the Lawsuit
Olipop claims Nutruit is infringing its federally registered “OLIPOP” trademark by marketing olive snacks and related products using the marks “OLIPOP,” “NUTRUIT OLIPOP,” and a stylized “NUTRUIT OLIPOP” logo.
According to the complaint, Nutruit’s products are being sold online—including through interactive stores and Amazon—targeting the same health-conscious consumers as Olipop, and employing channels where Olipop’s beverages are already established. The complaint documents Olipop’s expansive trademark portfolio, including four U.S.
federal registrations covering beverages and dietary supplements, with applications extending the OLIPOP mark into apparel, candles, and even frozen fruits.
Olipop asserts that its substantial national advertising, market presence in over 50,000 retail locations, media coverage, and co-branding with major entertainment franchises have made its mark distinctive and broadly recognized…
