Music Group Hall & Oates Sues Brooklyn, NY Based Granola Manufacturer Early Bird Foods.

Rock duo Hall & Oates filed a trademark infringement lawsuit against Early Bird Foods (EBF) based on EBF’s use of the name … Hauling Oats … for one of their signature granola products.

“Hall and Oates’ company, Whole Oats Enterprises, owns a Federal Trademark Registration for the identical mark ‘Haulin Oats’ covering breakfast foods that is used in connection with the sale of ‘Haulin Oats’ branded oatmeal by Whole Oats Enterprises’ licensee,” states an unnamed Whole Oats Enterprises company spokesperson.

“Early Bird Foods’ use of the mark on their own products is likely to confuse consumers and lead them to believe that such products are affiliated with or approved by Hall and Oates, which is not the case,” he continued. “Prior attempts to discuss this matter with Early Bird Foods were unsuccessful and Whole Oats was left with no other choice but to file suit in order to protect its valuable marks and goodwill.”

 

While the band is both seeking damages from Early Bird and insisting that the company change the name of the product, Early Bird Foods owner Nekisia Davis did not appear to be phased by the lawsuit, responding with a simple, “Say it isn’t so.” an apparent reference to the 1983 song by Hall & Oates.