561.404.4350 info@sriplaw.com

Pepsi, maker of the AMP Energy drink, has ventured into new territory by marketing its energy supplement drink with an iPhone application to appeal to young guys “out on the prowl.”  So far the response has been, to quote Pepsi’s apologetic Twitter stream name, “#pepsifail.”

The free app, entitled “Amp Up Before You Score,” purports to help men pick up any one of 24 types of women, such as the “sorority girl,” “cougar,” “rebound girl” or “punk rock girl.” Users can choose the type of woman they have their eye on, then get coached on facts that might be useful, such as computing a carbon footprint to impress “the treehugger.”

The reaction in the blogosphere was unanimously negative.  In response Pepsi posted an apology on Twitter using the #pepsifail username.  Mashable immediately noted that “associating “fail” with your brand from an official account also seems fairly brazen.”

Will Pepsi pull the app?  Stay tuned…


Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.