March 17, 2015
Singers Get Crunchy over Granola
Imitation may be the best form of flattery, but copyright infringement will get you nowhere but court. That, says Ronn Torossian, is a lesson an NYC-based granola company is learning the hard way. Powerhouse singer-songwriters Hall & Oates are suing a Brooklyn-based granola company for selling a brand of granola called “Haulin’ Oats.”
Hall & Oates took the company to federal court to stop them from selling the product, stating that to do so violates their trademark and damages their brand. The company in question, Early Bird Foods, has yet to comment on the suit in the media, but has decided to take another tack. They offered a discount on their product online where customers use a coupon code based on a hit Hall & Oates song. Definitely have to give them credit for wit, but that promotional stunt may just backfire.
This is the second time Hall & Oates have sued a company for marketing a brand labeled “Haulin’ Oats.” Back in 2014, the duo learned a Kentucky-based company was selling oatmeal under the same name. They approached the company and were able to work out a deal. Now, Haulin’ Oats brand is available in five states.
This, of course, is the right way to end an obvious trademark infringement. If you are absolutely set on using the name or a derivative of it, work out a deal with the owners and sell to your heart’s content. While flouting the rule might position Early Bird as the heroic Little Guy fighting the Power, in the end they may just end up getting the worm.
Guess this rules out Ben & Jerry doing that long awaited “Sara Swirls” flavor.