When I was a radio-listening youngster, I thought that there was a band called “Haulin’ Oats.” Eventually, I came to realize that these songs were actually performed by two fellows named Daryl Hall and John Oates, which made a lot more sense. This clearly isn’t an original idea, which is why the band have sued a granola-maker for marketing a cereal called “Haulin’ Oats.”

The band apparently doesn’t think that the name is a cute tribute. They believe that it’s trademark infringement. Their official company, Whole Oats Enterprises, owns the trademark for the name “Hall & Oates,” even though that was never their official name. In their complaint filed in federal court, the band’s lawyers explain that they’ve worked hard to build “substantial consumer recognition and goodwill” toward the Hall & Oates brand, and a small-batch granola company can’t just swoop in and take advantage of that goodwill without permission.

As you might imagine, this is not the first time that makers of oat-related food products have tried to use the band’s name to their advantage. From the lawsuit:

The name and mark “Haulin’ Oats” is an obvious play upon Plaintiff’s well- known HALL & OATES mark, and was selected by Defendant in an effort to trade off of the fame and notoriety associated with the Artists and Plaintiff’s well-known marks.

Over the years, various third parties have attempted to trade off of the fame and notoriety associated with the Artists and Plaintiff’s marks, including by attempting to make a connection between the Artists’ names and oats-related products.

The band’s lawyers say that they sent the cereal company a cease and desist letter almost a year ago, in April 2014, and the granola company responded that they will not.

COMPLAINT ALLEGING TRADEMARK AND SERVICE MARK INFRINGEMENT, COMMON LAW TRADEMARK AND SERVICE MARK INFRINGEMENT AND UNFAIR COMPETITION [PDF]
Haulin’ Oats [Early Bird Granola]

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