… Word play is fun, but not so much when you’re profiting off of a music legend’s name. I reported that Don Henley took the Duluth Trading Company to court last year because of copyright issues using his name…well, now a Brooklyn granola company is in hot water with Hall and Oats. They’ve been selling an oatmeal blend that they call “Haulin’ Oats”. Early Bird is the company being sued by the music duo, claiming the product, “is an obvious play upon plaintiff’s well-known Hall and Oates mark, and was selected by defendant in an effort to trade off of the fame and notoriety associated with the artist’s and plaintiff’s well-known marks”, so says the New York Post.
I wasn’t aware of this, but Hall and Oats own a company called Whole Oats Enterprises, which holds a federal trademark for the identical words, “Haulin Oats”. Oops! Too much of a coincidence? Come on, big companies have a team of attorneys that investigate things like this before just using a phrase.
But Eary Bird’s Haulin Oats is being sold in 38 states and even overseas. This could get messy.
A three-pack sells for $27. A 12-pack is $104. This battle could get messy.
-Greg Browning
Morning Show Host
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