No Punny Business – Pollstar News

Daryl Hall and John Oates filed suit against a Brooklyn, N.Y., food company for shilling a product with a moniker they say makes a food pun out of the duo’s name.

The suit, filed by Hall and Oates’ Whole Oats Enterprises, claims trademark and service mark infringement, unfair competition, and other relief under trademark laws against Early Bird Foods.

Early Birds’ Haulin’ Oats granola 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 artists and plaintiff’s well-known marks,” Whole Oats alleges.

And because Haulin’ Oats is so similar to the various Hall and Oates trademarks, it could cause confusion for consumers who might think the duo is somehow connected with or has licensed the name for the breakfast food, the suit continues.

Early Bird didn’t seem too worried about the filing, responding via Twitter, “Hall & Oates, say it isn’t so” before offering fans a coupon code, SAYITISNTSO, to score 25 percent off Haulin’ Oats.

Hall and Oates seek compensatory damages, profits, attorneys’ fees, destruction of all promotion materials with the Haulin’ Oats name, and an injunction to keep Early Bird from using the name in the future.

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