Olipop, the fast-growing prebiotic soda brand that has positioned itself as a cultural player well beyond the beverage aisle, is taking on a fellow CPG player in a new lawsuit. In the complaint that it filed in the Southern District of New York, Olipop alleges that Nutruit has been marketing olive snack products under the name “Olipop.” The trademark-centric lawsuit marks the latest example of how food and beverage brands are increasingly deploying aggressive IP enforcement strategies as they expand into lifestyle territory and compete not just on product, but on cultural cachet.
Functional Soda to Budding Lifestyle Brand
Founded in 2018 with the aim of reimagining soda for health-conscious consumers, Olipop has become one of the most visible entrants in the better-for-you beverage category. The company has expanded from three flavors to nearly twenty in under a decade, secured distribution through Whole Foods, Target, and Walmart, and developed an online subscription business that mirrors direct-to-consumer models embraced by fashion and beauty brands.
Olipop’s cultural footprint has grown in parallel. Its cans have appeared in music videos (Nicki Minaj and Ice Spice’s Barbie World), in collaborations with Universal Pictures and Mattel, and in TIME’s 2024 “TIME100 Most Influential Companies” list. These moves underscore how the company is not simply selling soda but building a lifestyle brand, a strategy more familiar to the luxury and fashion industries than to traditional consumer packaged goods.
That strategy is reflected in Olipop’s trademark portfolio. Beyond protecting its core products, the company has sought registrations for apparel, toys, candles, and even frozen fruits. In other words, Olipop is laying the groundwork for brand extensions that stretch far beyond beverages.
Nutruit’s Alleged Infringement
According to the newly-filed lawsuit, Nutruit has been selling olives and related snack products under “OLIPOP,” “NUTRUIT OLIPOP,” and a stylized “NUTRUIT OLIPOP” logo since 2024, despite Olipop’s established registrations. The company allegedly ignored cease-and-desist letters and continued to promote the products online, including through Shop.app and Amazon storefronts.
Olipop bolsters its claims of infringement by ordering and receiving shipments of Nutruit’s “Olipop”-branded olives to New York earlier this year. The company also points to Nutruit’s use of the hashtag #Olipop on social media as evidence of its intent to capitalize on Olipop’s goodwill.
With this in mind Olipop sets out trademark infringement and dilution, unfair competition, and deceptive trade practices claims, aiming to establish not only that Nutruit’s conduct is confusing consumers but also that it dilutes the strength of Olipop’s brand and misleads the public. It is angling for an injunction barring Nutruit from using the mark, an order requiring the destruction of infringing goods, disgorgement of profits, treble damages, and attorneys’ fees.
What’s at Stake
At its core, the case illustrates how valuable trademarks have become for consumer brands that aspire to operate like fashion and luxury players. Olipop has invested heavily in turning its name into a cultural asset – one that signals not just a fizzy, fiber-packed beverage but a broader set of lifestyle associations. Protecting that asset requires vigilance, even against relatively small players in adjacent product categories.
For Nutruit, the outcome could be existential. Should Olipop prevail, the company would likely need to rebrand, absorb the costs of lost product and marketing, and forfeit any profits gained from the contested line.
But the broader takeaway is an industry one: the more visible and culturally resonant a brand becomes, the more likely it is to attract opportunistic use in neighboring markets. In fashion, this has long meant luxury houses policing everything from handbags to perfume. In food and beverage, where category lines are increasingly fluid and consumers expect crossover between snacks, drinks, and wellness products, the same pressures are now emerging.
For Olipop, this lawsuit is as much about stopping a single alleged infringer as it is about sending a message: its trademarks are core to its business model and cultural positioning, and it will defend them with the same intensity as the fashion and luxury houses it seems intent on emulating.
The case is Olipop, Inc. v. Nutruit, LLC, 1:25-cv-06911 (SDNY).
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