Hall & Oates claims Haulin’ Oats granola infringes its trademark
Pop duo Daryl Hall and John Oates has claimed that a granola product manufactured by a New York food company infringes a US trademark owned by the pair.
In court documents filed at the US District Court for the Eastern District of New York on Wednesday (March 4), the US duo, commonly known as Hall & Oates, claimed that Haulin’ Oats, manufactured by Early Bird Foods, is misleading to consumers as they may think the product is endorsed by the band.
Haulin’ Oats is sold online in packets of three, six and 12 and costs between $27 and $104. It is described as having a “back-to-basics flavour”, which is “great for school lunches”.
But, according to the court documents, Whole Oats Enterprises, the owner of the band’s IP, has registered a trademark for ‘Haulin’ Oats’. The mark, registered in 2012, covers food delivery services.
The duo claimed Early Bird’s use of the “confusingly similar mark” will mean consumers are likely to believe that the defendant’s goods are provided or sponsored by, or legitimately connected to, it.
Hall & Oates is best known for songs such as Rich Girl, Kiss on My List and Private Eyes, all of which were released in the 1970s and ‘80s.
Whole Oats Enterprises also owns US trademarks including ‘Daryl Hall and John Oates’, registered in 1984, which is directed to services covering musical recordings and t-shirts.
The pair argued that Early Bird’s use of “the name and mark ‘Haulin’ Oats’ is an obvious play upon Hall & Oates” and it was selected in order “to trade off the fame and notoriety” associated with the band’s well-known marks.
A cease-and-desist letter was sent to Early Bird last April, requesting that it stop using the ‘Haulin’ Oats’ mark for its granola product. But, according to the complaint, the company refused to comply. The band claimed subsequent cease-and-desist letters were also ignored by Early Bird.
The duo has requested that the total number of damages should be tripled because of the “wilful” nature of the infringement.
Early Bird did not respond to a request for comment.
