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Logan Paul and KSI’s devices to be searched in Prime Energy ad suit, court orders

A Kentucky federal court ordered Prime to search its co-owners' personal devices in an ad suit. It's discovery only; the merits are undecided.

Photo: Erik Drost, CC BY 2.0, via Wikimedia Commons. Illustration: NewsThat.Rocks

The tea in 3

  1. A federal court ordered Prime to search Logan Paul's and KSI's personal devices for texts, emails and messages about Prime's branding.
  2. Law360 reported the July 13 order; plaintiffs' lawyers say a judge denied Prime's objection Aug 21. It's about evidence, not liability.
  3. Plaintiffs allege Prime Energy was styled to look like caffeine-free Prime Hydration. Nothing has been decided on the merits.

A federal judge has ruled that Prime Hydration has to search the personal devices of its two famous co-owners, Logan Paul and KSI, as part of a false-advertising lawsuit over Prime Energy. A Kentucky magistrate judge issued the order on Monday, July 13, according to Law360. The plaintiffs’ law firm says the district judge refused to throw it out on Aug 21.

This is a discovery ruling. It decides what evidence gets handed over, not whether Prime did anything wrong.

What the case is about

The case is Kennedy et al. v. Prime Hydration LLC in federal court in Kentucky. According to a summary from the law firm Sterlington PLLC, which represents the plaintiffs, they allege Prime Hydration and Congo Brands designed and marketed Prime Energy, a caffeinated drink, to look like Prime’s caffeine-free sports drinks. They say the similar branding, packaging, flavors and colors could confuse consumers, including children.

Those are allegations. Per the same summary, the court had previously let six of the seven claims move forward.

Jul 13magistrate’s discovery order
Aug 21judge denies Prime’s objection
5document requests on branding

What the judge ordered

According to Sterlington, Prime must treat Paul and KSI (Olajide Olayinka Williams Olatunji) as electronic discovery custodians. That means searching and producing relevant texts, internal messages, emails and other materials from their personal devices, and answering five document requests about branding, marketing and promotion.

The plaintiffs asked for things like a leadership group chat, an early logo sketch and branding mockups, the summary says.

Paul and KSI must now face the consequences of their choices and participate in discovery in this case.— Magistrate Judge Regina S. Edwards, as quoted by Sterlington PLLC

Why the judge said it applies to them

The court pointed to Prime’s branding, “PRIME By Logan Paul x KSI”, to social posts featuring both men and to Paul’s own public comments about a group chat. It found them “inseparable from Prime’s marketing and branding,” according to Sterlington’s account, and said the search wouldn’t be unduly burdensome.

What Prime argued (as the plaintiffs’ firm describes it)

PrimeSaid it doesn’t control what’s on their personal devices, that the men weren’t its agents, and that the search would duplicate other custodians’ files.

vs

PlaintiffsTheir lawyers say the co-owners were the public face of the brand and likely hold relevant material nobody else has.

District Judge Greg Stivers found no clear error, per the summary, and declined to narrow the order because Prime didn’t offer limiting language. Plaintiffs’ lawyer Arturo Peña said the ruling “confirmed that the discovery order should stand.”

Why it matters

When your name is on the label, your texts about the product can end up in the case. The order doesn’t say what the messages contain, and nothing here finds Prime liable.

What happens next

The parties must agree on a timeline and file a joint status report, according to Sterlington. Prime, Paul and KSI have not commented publicly on the order.

Law360 reported the July 13 order. The Aug 21 ruling, the quotes and Prime’s arguments come from the law firm that represents the plaintiffs, so treat them as one side’s account of the court record.

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