OK Go, the band finest identified for his or her viral 2006 treadmill music video, have been sued by Put up Meals over the proper to proceed utilizing the band’s identify for a newly launched line of instantaneous cereal cups named OK Go!
Based on Put up’s grievance filed in Minnesota federal courtroom on January thirteenth (through Billboard), the band had been threatening to sue for months and the corporate could be “unfairly compelled to proceed investing in its new OK GO! model whereas below the fixed risk of unfounded future litigation by defendants.”
Put up is looking for a declaratory judgment ruling that the corporate hasn’t carried out something flawed, citing its trademark utility for OK Go! that was permitted in 2022. Based on Put up, the US Patent and Trademark Workplace didn’t discover the cereal line’s identify would trigger confusion with OK Go’s band identify.
In a press release to Billboard, OK Go stated they had been caught off guard by the lawsuit. “An enormous company selected to steal the identify of our band to market disposable plastic cups of sugar to youngsters. That was an unwelcome shock, to say the least,” they stated. “However then they sue US about it? Presumably, the concept is that they will simply bully us out of our personal identify, since they’ve a lot extra money to spend on attorneys? I suppose that’s usually the way it works, however hopefully, we’ll be the exception.”
Fellow indie rockers They Would possibly Be Giants chimed in with a Fb submit in help of their pals, writing, “Put up is suing our friends OK Go as a way to acceptable OK Go’s identify for his or her product. Maybe you assume that is flawed, or maybe you might be pondering of promoting your personal model of Nike microwave popcorn. Both approach, it will be good to disgrace Put up cereal out of this creepy and unlucky act. ”
Primarily based on the back-and-forth specified by Put up’s lawsuit, nonetheless, the dispute appeared destined for courtroom. OK Go’s lawyer despatched a cease-and-desist letter to Put up again in September, alleging the corporate’s new model identify would “recommend to customers” that the band was endorsing Put up’s merchandise.
Within the letter, the lawyer claimed the band’s previous collaborations with Sony, Mercedes Benz, Google, and extra has led customers to affiliate the OK Go identify with client merchandise throughout numerous industries. Of specific be aware was OK Go’s earlier collaboration with Put up on a collection of promotional movies for Honey Bunches of Oats in 2011.
An lawyer for Put up retorted one week later by downplaying the band’s argument in a slightly snarky method: “Given the size of time that has handed since that restricted collaboration over a decade in the past, the very small variety of views indicated on the YouTube movies you referenced, and the final consuming public’s slightly brief consideration span, it would even have completely no bearing on client notion of Put up’s mark OK GO! used with cereal or cereal-based snacks, and won’t result in any mistaken affiliation with OK Go.”
Put up claims it then provided to pay OK Go as a part of a “good religion effort” for a “branding collaboration/co-marketing association,” however the band rejected the provide with out offering a counter-proposal and made a “clear risk of potential litigation.”
Revisit OK Go’s “Right here It Goes Once more” video under, together with their promotional clip for Honey Bunches of Oats.