Hall and Oates Sue Granola Maker

So you really think it was a coincidence that the company called the product "Haulin' Oats"?

Just because H&O aren't at their commercial peak doesn't mean they lack name value. Don Henley's peak was decades ago but that didn't stop a shirt company from playing on his name to sell product...

 

Unless there is an image of the duo on the packaging, I doubt there'd be much of a case. A silhouette of a field worker carrying grain would be all you need to have it thrown out. Haulin' Oats is actually a thing. In fact, I think it's sort of clever, in its own way. (I was a marketing guy in college)

 

I didn't say that, actually. What I said is that it's a stupid fight to pick at this point -- the cereal is not (to my knowledge) a big seller and H&O, after years of being the source of some ridicule, are finally in a better place in terms of they way they're viewed musically (and I think most criticism of their work is short-sighted). This will be the butt of new jokes.

You pick your battles, in life and in business. This, IMO, is a dumb one.

 

Yeah, I guess you're right about "Haulin' Oats" being a "thing" beyond Hall & Oates. There's even an organic oatmeal company in TN called "Haulin' Oats" - wonder why H&O didn't sue them, too?

BTW, I looked at the granola company's site, and there's nothing about their "Haulin' Oats" product that alludes to the band - it's not like there's a cutesy image of a mustache or whatever to connect the granola to H&O.

I think Henley had an excellent case with the shirt maker, but the more I read, the more H&O seem off-base...

 

Yeah, you're probably right - especially since their case doesn't look that good, like I mentioned in the earlier post.

I mean, I get that many people will see "Haulin' Oats" and think of the band, but given its usage elsewhere, it's not inevitable that the two are connected. Again, this isn't "Take It Easy and Don a Henley" territory...

 

If I were the judge, I'd OK Hauling Oats, but not Haulin' Oats

 

I work in marketing, and the issue, I think, is cost-benefit in an environment where the average Joe thinks the world is already overly litigious. If the breach was obvious and not merely iffy, maybe you'd pursue it. But I think people will view this as a money grab by two out-of-the-money pop stars from the '80s -- not sure that's the message I'd want to be sending if I were in D & J's shoes.

 

Now... if the packaging had a black mustache and a blonde mullet, there might be a case.

 

Hey, you stole my idea from post 29 - I'll sue you!!!

 

Yes, I bought one of those. I loved the fit of my "Coked-Up Egomaniac D*****bag" shirt, but then Henley sued and they had to change the name to "Ed Hardy."

 

The estate of Warren Oates has hired a lawyer, as his casket was hauled to the cemetery. They see a case...

 

I think they are a bit out of touch here, surely they should be all over this, have little plastic H&O figures in the packages, produce a unique album only available if you collect enough tokens. If I was them, I'd say, "I can go for that".

 

A question for the board - Has anyone ever seen 'Haulin' Oats' cereal at a store? I'm curious to know how visible the product actually is.

 

Maybe the city of Danzig should file a suit against Glenn Danzig.
Maybe the filmers of the movie "The Misfits" should file a suit against The Misfits.
Black Sabbath suing Black Sabbath...where would it stop...

I don't see copyright infringement here, but then again, didn't JJ French file a suit against some place called Twisted Sisters Bakery/bistro in Minnesota?
Hell, Chicago has a placed called Twisted Sister Bakery, and right on their page it states that Dee Snider has nothing to due with them.

Maybe this granola shop should do something similar.

 

The granola has very limited distribution - I did a couple of searches and only found a handful of stores nationwide that carry Early Bird food.

BTW, I mentioned a company called "Haulin' Oats" earlier - apparently H&O went after them as well. According to a new piece I saw, that company struck an agreement with H&O...

 

When I visited Toronto in the late 90s (IIRC), I saw a Yellow Pages listing for a place called "Star Wars Burger". They no longer exist - not sure if that's due to lawsuits or they just went out of business the old-fashioned way!

 

Wow. I'd be happier if their attorney could cajole Daryl & John into writing 11 new songs and go into a studio. It'd be a lot more productive and the PR value couldn't help but be better.

 

I wonder if Daryl and John are getting a (steel) cut of this action:

http://www.cafepress.com/dd/23223543

I own one of these t-shirts.

 

Maybe for being litigious.

 

I love H&O, but this definitely makes them look like crybabies. How is this any different than "Cherries Garcia" and all of those other Ben and Jerry's Ice Cream flavors named after famous people?

 

To my point - who wants to be known as the Monster Cable of the music industry?

 

i don't know if it's ridiculous or not really. that's going to be for a judge or jury to decide.

would the beatles estate be cool with "here comes the sunchips"?

 

And they didn't sue Garfunkel and Oates? Seems like that duo could actually cause some confusion in the marketplace.

 

B+J have the approval to use those names. Kind of a big difference.

 

Haul and Oats (AKA Hall and Oates) owns the "Haulin' Oats" trademark used by the company in Nashville, TN and receive royalties for it's use. I suspect the company in New York doesn't have a legal leg to stand on.