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20 Wake Forest J. Bus. & Intell. Prop. L. 277
“Is it in you?” advertisements for sports beverage Gatorade once
asked consumers. Taken in its most literal sense, it refers to the
product, a thirst-quenching carbohydrate-electrolyte solution that
comes in flavors such as “Lemon-Lime,” “Frost Glacier Freeze,” and
“Frost Tropical Mango.” But the slogan is also rhetorical. It is the
drive, passion, tenacity, and competitive spirit present in the world’s
greatest athletes, who invariably drink Gatorade. If consumers want to
compete like these athletes do, if they want to “be like Mike,”8 then they
would benefit from drinking Gatorade as well.