Popular cereal brand Post is in hot milk over its lawsuit against indie band OK Go for naming rights.
Post is suing the artists of “Heer It Goes Again” to get the band to let the corporation “OK Go!” prevented from trademarking the name, claiming that there would be “no confusion” among consumers who would try to distinguish between the band and the band. Serial (who wants to trademark the name with an exclamation point),” according to the lawsuit filed in mid-January and obtained by Page Six.
“The parties’ respective goods and services are clearly unrelated, making confusion virtually impossible,” Post’s lawyers write in a letter. “Breakfast cereal and cereal-based breakfast foods are not associated with sound recordings, musical performances, and clothing and other merchandise typically associated with such entertainment services, and consumers are very likely to They are less likely to accept a relationship…”
However, the rock band is arguing that not only have they trademarked “OK Go” (sans exclamation point) for 15 years, but they’ve also collaborated with Post on various brands, including Honey Bunches of Oats. .
“As a result of the commercial success that OK Go has achieved in collaborating
“Among all brands of consumer products and services, the OK GO mark has created a great deal of goodwill and is strongly associated with OK Go in the public’s mind,” the band’s lawyers argued in a letter to the lawsuit. Submitted as part of
The Post is asking a judge to rule that the company can proceed with its trademark application and collect attorney’s fees.
“First a big corporation ‘namejacked’ us, then they’re going to sue us?” Damian Kolash, the band’s lead singer, rhetorically asks Page Six.
A source familiar with the case tells Page Six that the cereal company’s case is “such a classic bullying situation.
“It’s a multi-billion dollar corporation versus a small indie rock band,” shares our source. “The band has been using OK Go for 25 years. They’re being bullied.”
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