Advertise
Resources
Member, Beacon International Group, Ltd.
Daryl Hall and John Oates, whose 1972 debut album featured a canister of oatmeal on the cover, are suing a granola company for naming a product “Haulin’ Oats.”
The musical duo, known as Hall & Oates, filed a complaint against Brooklyn-based Early Bird Foods & Co. L.L.C. on Wednesday alleging trademark infringement.
The complaint states that Haulin’ Oats is an “obvious play” on Hall & Oates, and that it’s meant “to trade off of the fame and notoriety associated with the artists.”
For those who are wondering, Haulin’ Oats includes rolled oats and maple syrup and can be eaten by itself or used “as the base for a breakfast parfait creation,” according to Early Bird Foods’ website.
“Over the years, various third parties have attempted to … make a connection between the artists’ names and oats-related products,” the complaint states. “In fact, Daryl Hall and John Oates made this same connection from their inception, as the group’s first full length musical sound recording was entitled ‘Whole Oats.’”
“Hall and Oates’ company, Whole Oats Enterprises, owns a Federal Trademark Registration for the identical mark ‘Haulin Oats’ covering breakfast foods that is used in connection with the sale of ‘Haulin Oats’ branded oatmeal by Whole Oats Enterprises’ licensee,” a manager for the artists told media outlets. “Early Bird Foods’ use of the mark on their own products is likely to confuse consumers and lead them to believe that such products are affiliated with or approved by Hall & Oates, which is not the case. Prior attempts to discuss this matter with Early Bird Foods were unsuccessful, and Whole Oats was left with no other choice but to file suit in order to protect its valuable marks and goodwill.”
According to a Rolling Stone report, when the magazine asked Early Bird Foods founder Nekisia Davis to comment on the complaint, she replied, “Say it isn’t so,” which also happens to be the name of a 1983 single by Hall & Oates.