Althouse: "Hall and Oates have sued a company that's making 'Haulin' Oats' granola."

March 10, 2015

"Hall and Oates have sued a company that's making 'Haulin' Oats' granola."

"We'll have to wait to see if the court will make their dreams come true, or whether they'll be told 'I Can't Go For That (No Can Do).'"

42 comments:

Wince said...: I can't go for that, you rich bitch, girl.; 3/10/15, 10:16 AM
MadisonMan said...: The judge should mandate they can only be served in an Abandoned Luncheonette.; 3/10/15, 10:17 AM
traditionalguy said...: More lawyers work. We need that. Sue the bastards!; 3/10/15, 10:21 AM
Bob Ellison said...: You Make-a My Grains Come True

She's a Grain-Eater; 3/10/15, 10:21 AM
Fernandinande said...: http://earlybirdfoods.com/shop/
http://earlybirdfoods.com/product/haulin-oats/

The ingredients are "Gathered in Brooklyn", which sounds very unappetizing. A "3-pack" costs $27; size isn't specified, but it looks small and expensive.; 3/10/15, 10:30 AM
MadisonMan said...: I do hope Hall & Oates win their lawsuit.; 3/10/15, 10:31 AM
Known Unknown said...: I'd throw the suit out on the basis that granola production has nothing to do with music.; 3/10/15, 10:34 AM
madAsHell said...: It wasn't until I saw their record, and name in print that I understood it was not Haulin' Oates, but Hall and Oates.

Yeah....the record was in a record store, but I date myself.; 3/10/15, 10:35 AM
mccullough said...: I notice there's no "lawsuits I hope fail" tag.

I agree with MadMan. Hall&Oats have so many songs I love but am embarrassed to admit in public. If I were stranded on a deserted isle, I would choose their music over Simon & Garfunkel.; 3/10/15, 10:41 AM
bleh said...: Love me some blue-eyed soul. Cheesy, sure. But a guilty pleasure.; 3/10/15, 10:46 AM
bleh said...: Probably my least favorite of the popular H&O songs is Maneater. The song is missing something important but I don't know what. It just feels lifeless to me.; 3/10/15, 10:50 AM
Larry J said...: madAsHell said...
but I date myself.

How is that working out for you?; 3/10/15, 10:53 AM
James Pawlak said...: A solution to this lawyer-tax on the People is to change our laws to require the loser in civil actions to pay the costs and attorney's fees of the winner AND make the loser's lawyers responsible for such when their clients do not pay-up.; 3/10/15, 10:54 AM
Ann Althouse said...: I saw Hall & Oates in concert one time. They were opening for somebody I wanted to see. Can't remember who.; 3/10/15, 10:59 AM
Kevin said...: My wife's name is Sarah.

And this makes her smile.; 3/10/15, 10:59 AM
Ann Althouse said...: Ah! I found it: 10/09/1974 Felt Forum (with Lou Reed) New York NY USA; 3/10/15, 11:01 AM
bleh said...: I just saw online that someone did a mashup of "I Can't Go For That (No Can Do)" (instrumental) and "Enter Sandman" (vocals)

Truly bizarre.; 3/10/15, 11:04 AM
mccullough said...: I would pay for a bootleg of that concert at the auditorium formerly know as Felt Forum.

I think the Influence of Sweet Jane on Sara Smile would make an interesting high school paper.; 3/10/15, 11:21 AM
Bruce Hayden said...: I'd throw the suit out on the basis that granola production has nothing to do with music.

Pretty close. The base legal standard is likelihood of confusion. You can brand/mark extend to some extent into other markets, but it isn't wide open - the new markets have to be somewhat logical as extensions.

There is a somewhat exception for famous marks. Think of it almost as confusing, per se. If your mark is well enough known, famous enough, with most everyone in the country, then you just have to prove confusing similarity, and not likelihood of confusion. Something like that. But, since I don't really know who they are, except for presumably a music group, I think that they would fail the test for having a famous mark.

BTW - with this trademark claim, I am even less likely to want to hear their music. The two, side by side on paper, are not confusingly similar. Which means to me that they are too aggressive in the TM enforcement for my taste.; 3/10/15, 11:21 AM
Bruce Hayden said...: Let me add to my last point, that the fact that we are talking about granola makes the band's claims probably even weaker. That is because oats (the grain) are a common component of granola , and their name makes you think of oat grain, and hauling a load of such in maybe a horse drawn wagon somewhere.; 3/10/15, 11:26 AM
mccullough said...: Bruce,

The name makes you think of Hall&Oats. You need to get out more.; 3/10/15, 11:39 AM
HoodlumDoodlum said...: Watch out bowl, he'll chew you up; 3/10/15, 12:05 PM
HoodlumDoodlum said...: Hall and Oates are just lucky the superior band Garfunkel and Oates have decided to let H&O freeride off G&O's awesomeness.; 3/10/15, 12:07 PM
HoodlumDoodlum said...: Also please find and watch the "Yacht Rock" sketches, some of which feature H&O.; 3/10/15, 12:09 PM
Beldar said...: One can forgive musicians for being so poorly informed about the law.

The courts ought not forgive their lawyers. This is frivolous and sanctionable.; 3/10/15, 12:11 PM
MadisonMan said...: From the article:

The plaintiff is actually Whole Oats Enterprises, the partnership owned by Daryl Hall and John Oates.

Hall & Oates have a long history (30+ years!) of playing off the Oat in Oates. I think that increases the likelihood of their prevailing.

Of course, IANAL.; 3/10/15, 12:25 PM
Bushman of the Kohlrabi said...: Cherry Garcia could not be reached for comment.; 3/10/15, 12:37 PM
mccullough said...: They are going to beat this Hipster granola company into the dirt.; 3/10/15, 12:38 PM
Fernandinande said...: The name(s) "Daryl Hall John Oates" is/are owned by "Whole Oats Enterprises", which doesn't make cereal or oats, and perhaps doesn't even exist as a real company:

Whole Oats Enterprises Inc
"Inactive Refreshed 2/13/2015 - This profile created using data from Dun & Bradstreet.
Industry: Business Services
Encino, CA
...
Whole Oats Enterprises Inc industry is listed as Business Services. There are no officers listed for this company."

This might be a link to the "street view" of their address.; 3/10/15, 12:43 PM
richlb said...: Do Ben and Jerry have to put up with this kind of shit?; 3/10/15, 12:48 PM
Anonymous said...: I've always wondered if "I Can't Go for That (no can do)" was about anal sex.

May God have mercy on my soul, etc...; 3/10/15, 1:02 PM
Jaq said...: Can I just say that I hate it when you try to google up some word to be sure of the definition, and it is always a band name, and the band name is what comes up promptly?; 3/10/15, 2:37 PM
Jaq said...: This comment has been removed by the author.; 3/10/15, 2:37 PM
Known Unknown said...: The plaintiff is actually Whole Oats Enterprises, the partnership owned by Daryl Hall and John Oates.

Hall & Oates have a long history (30+ years!) of playing off the Oat in Oates. I think that increases the likelihood of their prevailing

They do? Really? You would think it would come to light on more than one album cover. And, Whole Oats Enterprises is not the public name they use with general consumers. This suit is frivolous.; 3/10/15, 4:19 PM
Chris N said...: Sounds like some sort of possession obsession.; 3/10/15, 4:21 PM
rehajm said...: should the band prevail the company is considering changing the name of the product to Lovin' Spoonfulls; 3/10/15, 4:50 PM
rwnutjob said...: I've been thinking for years that Hall & Oates sounded like Midwest Grain Truckers. What's the prob?; 3/10/15, 5:21 PM
djf said...: Would Hall& Oates sue if a livestock transport company named itself Hauling Goats?; 3/10/15, 6:42 PM
Known Unknown said...: This soap is next!; 3/10/15, 6:49 PM
Laslo Spatula said...: I saw Hall & Oates in concert one time. They were opening for somebody I wanted to see. Can't remember who....
Ann Althouse said...
Ah! I found it: 10/09/1974 Felt Forum (with Lou Reed) New York NY USA

You remembered Hall & Oates but forgot Lou Reed?

This is a story for which I want more details.

Taking fotos in the alley?

I am Laslo.; 3/10/15, 9:46 PM
Ann Althouse said...: I remember Lou Reed, but not which opening acts I saw with him.

I saw Jimmy Buffet once as an opening act, but don't remember the main act. That was another example of little connection between something I had no interest in seeing that got put with something I cared about. Hated it so much I went out to the lobby and walked around.; 3/10/15, 10:16 PM
Smilin' Jack said...: ""Hall and Oates have sued a company that's making 'Haulin' Oats' granola.""

They should thank that company for giving them a chance to publicize the fact that they're still alive.; 3/10/15, 11:54 PM