OK Go are being sued by Post Foods over right to use band’s name

OK Go are being sued by Post Foods over right to use band’s name

OK Go are being sued by cereal company Post Foods over the right to continue using the band’s name for a range of instant cereal cups.

According to the company’s filing in Minnesota federal court via Billboard, the band had been threatening to sue for months and Post Foods would be “unfairly forced to continue investing in its new OK GO! brand while under the constant threat of unfounded future litigation by defendants.”

The company is now seeking a declaratory judgement ruling that they haven’t done anything wrong, citing its trademark application for OK Go! that was allegedly approved in 2022.

According to Post Foods, the United States Patent and Trademark Office did not find the cereal line’s name would cause confusion with the name of the band, OK Go.

In a statement to Billboard, OK Go said they were caught off guard by the lawsuit. “A big corporation chose to steal the name of our band to market disposable plastic cups of sugar to children. That was an unwelcome surprise, to say the least.

“But then they sue US about it? Presumably, the idea is that they can just bully us out of our own name, since they have so much more money to spend on lawyers? I guess that’s often how it works, but hopefully, we’ll be the exception.”

According to the lawsuit, OK Go’s lawyer previously sent a cease-and-desist letter to Post Foods back in September 2022, alleging the company’s new brand name would “suggest to consumers” that the band were endorsing the cereal giant’s products.

In the letter, the band claimed that their past collaborations with Sony, Mercedes Benz, Google, and more had led consumers to associate the OK Go name with consumer products across various industries.

Of particular note was OK Go’s previous collaboration with Post Foods on a series of promotional videos for A Honey Bunches Of Oats in 2011.

A lawyer for the company replied to the claim shortly after, stating: “Given the length of time that has passed since that limited collaboration over a decade ago, the very small number of views indicated on the YouTube videos you referenced, and the general consuming public’s rather short attention span, it will also have absolutely no bearing on consumer perception of Post’s mark OK GO! used with cereal or cereal-based snacks, and will not lead to any mistaken association with OK Go.”

Post Foods claims it then allegedly offered to pay OK Go as part of a “good faith effort” for a “branding collaboration/co-marketing arrangement,” but the band rejected the offer without providing a counter-proposal and made a “clear threat of potential litigation.”

Post is suing our pals OK Go in order to appropriate OK Go’s name for their product. Perhaps you think this is wrong, or…

Posted by They Might Be Giants on Sunday, January 22, 2023

Following the court filing, They Might Be Giants also supported the band with a Facebook post which stated: “Post is suing our pals OK Go in order to appropriate OK Go’s name for their product. Perhaps you think this is wrong, or perhaps you are thinking of marketing your own brand of Nike microwave popcorn. Either way, it would be nice to shame Post cereal out of this creepy and unfortunate act. ”

You can view the original article HERE.

Artem Chigvintsev Is Hopeful for ‘DWTS’ Return Amid Ongoing Divorce Drama
Artem Chigvintsev Is Hopeful for ‘DWTS’ Return Amid Ongoing Divorce Drama
John Krasinski is the Sexiest Man Alive — but what makes someone sexy in the first place? Here’s what science says.
John Krasinski is the Sexiest Man Alive — but what makes someone sexy in the first place? Here’s what science says.
Sam Asghari Wears Matching Outfits With Rumored Girlfriend, Shopping For Furniture
Sam Asghari Wears Matching Outfits With Rumored Girlfriend, Shopping For Furniture
John Krasinski is People’s Sexiest Man Alive. Everything we know about how he was chosen — and why debate over the selection is good for sales.
John Krasinski is People’s Sexiest Man Alive. Everything we know about how he was chosen — and why debate over the selection is good for sales.
Hard Truths Trailer Announces Master Filmmaker Mike Leigh’s Return
Hard Truths Trailer Announces Master Filmmaker Mike Leigh’s Return
MCU’s ‘Wonder Man’ Series Will Run for 8 Episodes on Disney+
MCU’s ‘Wonder Man’ Series Will Run for 8 Episodes on Disney+
“She Just Had an Accident”: “Seed of Chucky” at 20 | Features
“She Just Had an Accident”: “Seed of Chucky” at 20 | Features
Paul Mescal Feels Pressure of Gladiator 2 Box Office Expectations
Paul Mescal Feels Pressure of Gladiator 2 Box Office Expectations
How is Lucius the son of Maximus in Gladiator 2?
How is Lucius the son of Maximus in Gladiator 2?
Pharrell Williams denies dissing Taylor Swift’s Kamala Harris endorsement
Pharrell Williams denies dissing Taylor Swift’s Kamala Harris endorsement
Government back arena ticket levy to save grassroots music – but deadline is needed
Government back arena ticket levy to save grassroots music – but deadline is needed
‘Friends’ actress remembers “hullabaloo” over same-sex wedding
‘Friends’ actress remembers “hullabaloo” over same-sex wedding
Richardson ‘low-key glad’ to be benched for past 2 games
Richardson ‘low-key glad’ to be benched for past 2 games
Rodgers maintains desire to play next year, endorses Ulbrich as Jets coach
Rodgers maintains desire to play next year, endorses Ulbrich as Jets coach
Rays’ Franco charged with illegally carrying gun during altercation
Rays’ Franco charged with illegally carrying gun during altercation
Vikings’ Flores ‘certainly’ wants to be NFL head coach again
Vikings’ Flores ‘certainly’ wants to be NFL head coach again
Grey’s Anatomy Season 21 Episode 7 Review: If You Leave
Grey’s Anatomy Season 21 Episode 7 Review: If You Leave
‘Mythic Quest’ Season 4 and ‘Side Quest’ Spinoff Premiere Dates Announced
‘Mythic Quest’ Season 4 and ‘Side Quest’ Spinoff Premiere Dates Announced
Mark Hamill, Mike Flanagan & Many More to Host MST3K Thanksgiving Marathon
Mark Hamill, Mike Flanagan & Many More to Host MST3K Thanksgiving Marathon
21 Surprisingly Progressive TV Shows That Were Ahead of Their Time
21 Surprisingly Progressive TV Shows That Were Ahead of Their Time
Peter Do Is Leaving Helmut Lang
Peter Do Is Leaving Helmut Lang
Ethan Tobman Shares The Secrets Behind Genesis House’s New Lights Exhibit!
Ethan Tobman Shares The Secrets Behind Genesis House’s New Lights Exhibit!
Best Early Black Friday Fashion Deals 2024
Best Early Black Friday Fashion Deals 2024
Your Sleek Gift Guide For Scorpios!
Your Sleek Gift Guide For Scorpios!