UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549 
 
FORM 12b-25
 
NOTIFICATION OF LATE FILING
 
 
 
 
 
SEC FILE NUMBER
000-52904
 
CUSIP NUMBER
049838 204
 
(Check one):
 
o Form 10-K  o   Form 20-F  o   Form 11-K   x Form 10-Q   o   Form 10-D   o   Form N-SAR   o   Form N-CSR
     
   
For Period Ended:  December 31, 2013                      
     
   
o    Transition Report on Form 10-K
     
   
o    Transition Report on Form 20-F
     
   
o    Transition Report on Form 11-K
     
   
o    Transition Report on Form 10-Q
     
   
o    Transition Report on Form N-SAR
     
   
For the Transition Period Ended:
 
PART I — REGISTRANT INFORMATION

ATTITUDE DRINKS INCORPORATED

Full Name of Registrant
 
 

Former Name if Applicable

712 U.S. Highway 1, Suite 200

Address of Principal Executive Office  (Street and Number)
 
North Palm Beach, Florida 33408

City, State and Zip Code
 
PART II — RULES 12b-25(b) AND (c)
 
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)
x
(a)
The reasons described in reasonable detail in Part III of this  form could not be eliminated without unreasonable effort or  expense;
   
(b)
The subject annual report, semi-annual report, transition  report on Form 10-K, Form 20-F, Form 11-K or Form N-SAR, or  portion thereof, will be filed on or before the 15th calendar  day following the prescribed due date or the subject quarterly  report or transition report on Form 10-Q, or portion thereof,  will be filed on or before the fifth calendar day following  the prescribed due date; and
   
(c)
The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
 
 
 

 
 
PART III — NARRATIVE
 
State below in reasonable detail why the Form 10-K, 11-K, 20-F 10-Q, N-SAR or the transition report portion thereof could not be filed within the prescribed time period. (Attach extra sheets if needed.)

The Registrant is awaiting information from outside third parties in order to complete the Form 10-Q and is working on completing the restatement and filing of the Form 10-Q/A for June 30, 2013 and the filing of the Form 10-Q for September 30, 2013 before it will file the Form 10-Q for December 31, 2013.
 
PART IV — OTHER INFORMATION
 
(1)
 
Name and telephone number of person to contact in regard to this notification
 
Tommy E. Kee
 
(561) 227-2727
(Name)
  (Area Code) (Telephone Number)
 
(2)
 
Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If answer is no, identify report(s).
   
Yes  o      No  x
 
Form 10-Q/A for June 30, 2013 and Form 10-Q for September 30, 2013 are being completed before we can file the Form 10-Q for December 31, 2013.
     
(3)
 
Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
   
Yes  o      No  x
     
   
If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.
 
 
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ATTITUDE DRINKS INCORPORATED

(Name of Registrant as Specified in Charter)
 
has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.
 
Date: February 14, 2014
 
     
By:
/s/  Tommy E. Kee
 
Name: Tommy E. Kee
 
Title: Chief Financial Officer and Principal Accounting Officer
 
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