They say that the human body is 65 percent water. In my case, make that 65 percent vitaminwater…the multi-v/lemonade variety, specifically. It’s my drink of choice. So imagine my excitement when I’m flipping through the October issue of Allure Magazine and come across an advert for vitaminshampoo. “Think of it as an energy drink for your hair,” says the tagline.

So Glacéau makes shampoo now? Hells yeah, right? Wrong. After my initial excitement (and an impromptu happy dance), I did a little research into this new line of hair care products and discovered that despite the name, similar packaging and the label’s indistinguishable typography, vitaminshampoo is not affiliated with Glacéau. Rather, these shampoos and conditioners are products of Vogue International. And to say that Glacéau isn’t happy about it would be a gross understatement.

According to Managing Intellectual Property, Glacéau recently secured a temporary restraining order against Vogue International, alleging trade dress infringement, false designation of origin, trade dress dilution, deceptive acts and practices and unfair competition. Counsel for Vogue International argued that because vitaminwater and vitaminshampoo are different classes of goods, there can be “no likelihood of confusion.”

Judge Lewis Kaplan, however, disagreed. “There are earmarks of bad faith all over the place,” he said. “It is inconceivable to me that the defendant could possibly have developed this trade dress that the defendant is using without an attempt to go at least as close to the line as it thought it could get and, in all likelihood, well over the line of imitating the plaintiff’s.”

“Looking at the array of the defendant’s bottles next to the array of the plaintiff’s bottles with colored liquid in them, it seems reasonably clear that any normal consumer would be confused, the impression would be that the products are from the same source,” Judge Kaplan continued.

Vogue International’s first order of business, since the temporary restraining order was granted, has been the tweaking of vitaminshampoo’s label. Compare the old label (above) to the new label (left), as seen on the vitaminshampoo website.

The temporary restraining order has been extended through the end of the year and negotiations between Glacéau and Vogue International are underway…though this legal tug-of-war is far from (vitamin)water under the bridge.

10 Comments on Vitaminwater vs. Vitaminshampoo

  1. Teri
    October 13, 2008 at 3:43 PM (10 years ago)

    ooh – I wondered about this, Daneen as I saw it on an end cap at CVS. Thanks for the update!

  2. diana
    October 13, 2008 at 4:35 PM (10 years ago)

    Wow. I love vitamin water and I can’t believe they are coming out with a shampoo and conditioner. Thanks for the post. I’ll definitely have to check this out.

  3. Daneen :)
    October 13, 2008 at 4:45 PM (10 years ago)

    NO…vitaminwater is NOT coming out with shampoo and conditioner. That’s the point of the article. Vogue International has put out these hair care products, making it look like they are affiliated with vitaminwater. But they ARE NOT affiliated with vitaminwater. Now you can understand why there’s a legal battle going down.

  4. Anonymous
    October 13, 2008 at 7:46 PM (10 years ago)

    I was wondering why I needed to refrigerate my shampoo. . . thanks for clarifying!

  5. Virenda
    October 14, 2008 at 12:19 AM (10 years ago)

    This kind of thing is disgusting. I love Vitaminwater and if they came out with the shampoo I would definitely look into it, but using the marketing in order to “fool” us is awful. I will NOT be buying the shampoo even if they do settle.

  6. Joi
    October 14, 2008 at 2:08 AM (10 years ago)

    I saw this a while ago and thought it was from vitamin water too. I did a search and found out it wasn’t. Great post.

  7. Carrie
    November 9, 2008 at 11:12 PM (10 years ago)

    I tried VitaminShampoo (the acai berry flavor) and I LOVE it … it made my hair very soft and silky and it smells amazing. Personally I don’t see the point of boycotting it just because it’s not made by VitaminWater’s manufacturer. Why would you rather use a shampoo made by a beverage company than by a haircare company anyway? Besides vitamins have been used in shampoo formulas many, many years before VitaminWater ever came around…

  8. Lizzy
    November 16, 2008 at 10:35 PM (10 years ago)

    Are you kidding me? I just bought the Vitamin Shampoo thinking that it was made by Glaceau! I’m sincerely disappointed. =[

  9. Therealkitty
    October 23, 2013 at 12:41 PM (5 years ago)

    This was a GREAT product. I truly wish they would bring it back to the store!