They say imitation is the best form of flattery, but rock legends Daryl Hall and John Oates may disagree. Here’s the long and short of it: Brooklyn-based granola company Early Bird Foods named a line of granola products “Haulin’ Oats.” Hall and Oates’ response: “No Can Do.” Hall and Oates were none too pleased, as reported by Rolling Stone magazine. According to the complaint filed in New York, not only does the rock duo assert that the Early Bird is attempting to “trade off of the fame and notoriety associated with the artists,” the duo also contends that its company, Whole Oats Enterprises, owns a federal trademark registration for the mark “Haulin’ Oats.” The band contends Early Bird’s use of the mark will confuse consumers and lead them to believe Early Bird’s products are approved by the band.
Hall and Oates certainly doesn’t think “It’s A Laugh[ing],” matter, asserting both common law and statutory trademark causes of action. The duo is seeking a permanent injunction against Early Bird preventing the company from using “Haulin’ Oates” or similar marks, compensatory damages, and all profits, gains and advantages derived by Early Bird out of its “Haulin’ Oates” product line, among other relief.
One final note on this new lawsuit. It seems Early Bird and its founder Nekisia Davis are going to ride the publicity wave for the time being, lawsuit be damned. According to NBC News, Early Bird tweeted about the suit and offered a discount on Haulin’ Oats for weekend purchases. The coupon code? SAYITISNTSO. Pretty cheeky response if you ask us here at Abnormal Use. How this lawsuit will resolve is, of course, unknown. However, in the meantime, Davis may find herself as a “Rich Girl,” haulin’ her products to countries near and far.
(Hat Tip: Lowering The Bar).