“Haulin’ Oats” Granola Gets Sued by Hall & Oates…

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“Haulin’ Oats” seems like an amusing name for granola… unless you’re Daryl Hall and John Oates…

Hall & Oates are suing Brooklyn granola company Early Bird Foods. The duo isn’t amused by Early Bird’s Haulin’ Oats rolled oats and maple syrup product. They say the play on words infringes on their “well-known brand name”.

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In the lawsuit, Hall & Oates say:

“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 artist’s and plaintiff’s well-known marks.”

A three pack of Haulin’ Oats goes for $27.

See the rest of the lawsuit here.



Nina Ulloa covers breaking news, tech, and more: @nine_u

12 Responses

  1. Irving Mindreader

    An over-reaching waste of time and money by the H&O team, unless you’re the lawyer.

    File under: billable hours.

    • Central Scrutinizer

      Both you and Nina should read the case and look up the trademark

      Hall and Oates aren’t suing. Whole Oats Enterprises is suing. They own the registered trademark. They made the license deal with Hall and Oates to use the name.

      • Myles

        Uhhh….whole oats enterprises is a Hall and Oates partnership so what’s the difference?

        • Willis

          Not a lawyer, obviously.

          If you own a trademark and someone infringes, then you sue.

  2. Big Swifty

    HnO should have sent a Cease and Desist letter like the one that was sent by Jack Daniels attorney. That would’ve been a little bit better PR

    • Willis

      This story doesn’t tell all of the information, but Hall and Oates did that earlier on, but this company never responded and kept infringing.

  3. Average Joe

    Oats is pretty generic so really it’s down to “Haulin'” and “Hall and” according to the claimants.

    Personally I wouldn’t confuse either nor would I with “whole”.or “enterprise” which I suggest should be needed to be valid.
    In fact I’m actually surprised “Whole Oats” was ever allowed to be registered as a trade name in the first place as it’s a commodity in itself. Whatever next “Belly pork” supply’s? “Gold” mining company?

    Patently just another money grabber, why does the justice system never learn?

    • Myles

      Whole Oats is the name of Hall and Oates partnership. That partnership owns the trademark “Haulin Oats” It seems to be a fairly straightforward trademark infringement case that should have been taken care of with a cease and desist letter

      • Anonymous

        I’m usually on the artist’s/owner’s side, but not in this case.

        This is not only transformative use, it’s also (intended to be) funny — and maybe even a parody.

        • Myles

          Transformative use and parody is copyright talk, this trademark.

          I’m sure Hall and Oates thought it was funny too. That’s why they formed a company and registered the trademark.

          If the folks at Early Bird were using the mark “Haulin Oats” prior to Hall and Oates use or registration of their mark then Early Bird has common law rights to fight H and O but it will be a costly battle that will more than likely put them out of business

      • Willis

        They tried the C&D route prior to the legal action, but the infringing company ignored it.

  4. Anonymous

    the early bird should have done their due diligence instead of trying to stockpile worms…

    Counterfeiting is a few hundred billion dollar industry, so much more of a industry then music is employing and supporting way more people and cycling wwwwaaaaayyyyyy more money into economies, funny though how so many of these grand daddy corporations are engaging in counterfeiting, because the media just seems to want us to think counterfeiting is some vagrant or scummy criminal or some vile gang or third world country Somalian pirates or something, but nope, fun new age greeny kind of artisan legit looking corporation straight up counterfeiting…

    thats New York for you though, i mean, what a counterfeit hub that city is, scam city was digging into the wrong things when they did the NY episode, possibly from political or other heavy handed pressures?? New York is filled with scamming thieving criminals appearing to be legitimate corporations, who hasnt been a victim of that jurisdiction??

    Time to tear down that statue of liberty and time to put up a peg leg pirate hoisting a short blade into the sky, i mean, might as well just let the world know who the true real killing pirates are right??