OKGo vs Post cereal in a trademark for the band name

For catcalling the douchebags in their suits and hoodies.
Post Reply
User avatar
BoffoYux
Panama
Posts: 908
Joined: Tue Jan 11, 2011 9:22 pm
Instruments: Keys, Clunking, SFX and Strings
Recording Method: Audacity, Adobe, and other 'A' titled software
Submitting as: Boffo Yux Dudes
Location: New England
Contact:

OKGo vs Post cereal in a trademark for the band name

Post by BoffoYux »

Here's something I wasn't expecting -

OK Go had asked Post cereal to not use their name to avoid confusion with their expected line of 'Just add water' cereal cups.
Sounds normal, right?

Post asked for a preemptive ruling to allow them to acquire the name.

TMBG summed it up here https://twitter.com/tmbg/status/1616147577618956293

Trademarks can be an interesting thing - and the band doesn't want people to think they endorsed the cereal they had nothing to do with.
We'll see how it goes, but you'd think Post would have picked a better and more creative name than a 25 year old band that will honestly just piss people off. Their lawyers also tossed some snark in their request towards the band.

+++ https://www.msn.com/en-us/music/news/a- ... r-AA16EwAx

Post, in its complaint, filed Jan. 13 in Minnesota federal court, says the band has been threatening legal action over the product. Post is seeking “declaratory judgment” from the courts, which essentially clear the company from any trademark rights claims.

“Without resolution by this court, Post will be unfairly forced to continue investing in its new OK GO! brand while under the constant threat of unfounded future litigation by defendants,” Post wrote in its filing.

Last September, the band’s attorney sent a cease-and-desist letter to Post, saying the cereal bowl’s name would imply endorsement from the band, which has previous advertising deals with Sony, Chevrolet and others. It had even, it noted, done a series of promotional videos for another Post product: Honey Bunches of Oats.

That last argument didn’t carry a lot of weight with Post attorneys, who responded to OK Go’s attorney saying: “Given the length of time that has passed since that limited collaboration over a decade ago, the very small number of views indicated on the YouTube videos you referenced, and the general consuming public’s rather short attention span, it will also have absolutely no bearing on consumer perception of Post’s mark OK GO! used with cereal or cereal-based snacks, and will not lead to any mistaken association with OK Go.”

+++
User avatar
ujnhunter
Ice Cream Man
Posts: 1804
Joined: Fri Mar 07, 2008 1:09 pm
Instruments: Bass, Keyboards, Crummy Guitar & Animal Noises (especially Donkeys)
Recording Method: Reaper 5.9x, Tascam FireOne/Behringer UMC202HD/Avid Eleven Rack/Line 6 UX2, Win 7 PC / Win 10 Laptop
Submitting as: Cock, Chth*.*, D.A.H. (Der Alter Hahn)
Pronouns: His Infernal Majesty
Location: CT, USA
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by ujnhunter »

This line is funny: “Without resolution by this court, Post will be unfairly forced to continue investing in its new OK GO! brand while under the constant threat of unfounded future litigation by defendants,” as the simple solution would be to change your dumb cereal name, which is a loss, but won't cause any unfair forced investing... dumb dummies. The sad thing is that Post will probably win, because they have more money.
-Ujn Hunter
Photovoltaik - Free 6 Track EP - Song Fight! Liner Notes
Billy's Little Trip wrote:I must have this....in my mouth.....now.
User avatar
Caravan Ray
bono
bono
Posts: 8647
Joined: Sat Sep 25, 2004 1:51 pm
Instruments: Penis
Recording Method: Garageband
Submitting as: Caravan Ray,G.O.R.T.E.C,Lyricburglar,The Thugs from the Scallop Industry
Location: Toowoomba, Queensland
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by Caravan Ray »

Can any Songfighters sell their names to breakfast food companies?

Paco del Stinko-Pops?
Fluffy Puffs?
Johnny Cashflakes?
User avatar
Jerkatorium
Push Comes to Shove
Posts: 321
Joined: Wed Dec 10, 2014 2:48 pm
Instruments: Guitar, bass, keyboards
Recording Method: Logic Pro X
Submitting as: Jerkatorium, Matchy Matchy, Hanky Code, All the Robots
Pronouns: he/him
Location: Los Angeles, CA
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by Jerkatorium »

Lichen Oats?
Hot Pink Hale-Os?
Cara Bran Whey?
"Yes, I am a Muppet with B.O.; this song speaks to me." - Manhattan Glutton
User avatar
BoffoYux
Panama
Posts: 908
Joined: Tue Jan 11, 2011 9:22 pm
Instruments: Keys, Clunking, SFX and Strings
Recording Method: Audacity, Adobe, and other 'A' titled software
Submitting as: Boffo Yux Dudes
Location: New England
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by BoffoYux »

They settled the case out of court.

https://thetakeout.com/post-cereal-sues ... 1850012096

No details, but they're not making the cereal, and the band might have gotten something for their troubles, but no fault was mentioned.

https://www.rollingstone.com/music/musi ... 234746921/

Actually Rolling Stone has more info -
'Just a week after OK Go went public with the absurd lawsuit, both sides reportedly (and quietly) reached a settlement in early May. A month later, on Friday, lawyers for both sides asked a Minnesota judge to dismiss the lawsuits permanently following a confidential settlement, Billboard reported.

Both sides would “settled this action on terms agreeable to all parties,” which include Post and OK Go paying their own legal fees.'

So the band doesn't have to be sullied by the sugar sweetened food controversy any longer.
User avatar
jb
Hot for Teacher
Posts: 4159
Joined: Sat Sep 25, 2004 10:12 am
Instruments: Guitar, Cello, Keys, Uke, Vox, Perc
Recording Method: Logic X
Submitting as: The John Benjamin Band
Pronouns: he/him
Location: WASHINGTON, DC
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by jb »

FAED521C-95C0-4754-BCD0-24492DFF30D8.png
FAED521C-95C0-4754-BCD0-24492DFF30D8.png (2.76 MiB) Viewed 573 times
blippity blop ya don’t stop heyyyyyyyyy
User avatar
ujnhunter
Ice Cream Man
Posts: 1804
Joined: Fri Mar 07, 2008 1:09 pm
Instruments: Bass, Keyboards, Crummy Guitar & Animal Noises (especially Donkeys)
Recording Method: Reaper 5.9x, Tascam FireOne/Behringer UMC202HD/Avid Eleven Rack/Line 6 UX2, Win 7 PC / Win 10 Laptop
Submitting as: Cock, Chth*.*, D.A.H. (Der Alter Hahn)
Pronouns: His Infernal Majesty
Location: CT, USA
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by ujnhunter »

-Ujn Hunter
Photovoltaik - Free 6 Track EP - Song Fight! Liner Notes
Billy's Little Trip wrote:I must have this....in my mouth.....now.
User avatar
BoffoYux
Panama
Posts: 908
Joined: Tue Jan 11, 2011 9:22 pm
Instruments: Keys, Clunking, SFX and Strings
Recording Method: Audacity, Adobe, and other 'A' titled software
Submitting as: Boffo Yux Dudes
Location: New England
Contact:

Re: OKGo vs Post cereal in a trademark for the band name

Post by BoffoYux »

It takes balls to grow a 'stache like that!
Post Reply