Hall And Oates Cereal- Have you already tried Haulin Oats breakfast cereal? The Brooklyn-based Early Bird Foods & Co. is now facing litigation over the 'phonetic play' on Daryll Hall and John Oates' names over its 'Hall And Oates' cereal.
The BBC reports that the lawyers for the veteran duo Hall and Oates file lawsuit against the Brooklyn company over its granola 'Hall And Oates' cereal for infringement of its trademark. The charges were filed in a Brooklyn federal court in New York.
"The name and mark Haulin' Oats is an obvious play upon Plaintiff's well-known Hall & Oates mark, and was selected by defendant in an effort to trade off of the fame and notoriety associated with the artist's and plaintiff's well-known marks" the paper says.
Nekisia Davis, the owner of Early Bird Foods sent an email on Thursday that says she has no comment 'except that say it isn't so,'- answering the allegations filed by the popular duo Hall and Oates for the 'Hall And Oates' cereal, according to Charlotte Observer.
As written on its website, the Brooklyn-based company that started as Franny's Restaurant says that they create out-of-this-world delicious, wholesome and nourishing small batch granola and other foods by hand.
A three-pack pack of the said 'Hall And Oates' cereal costs $27 while a 12-pack sells at $107. As said on the company's website, it has been distributed in 38 states that include Japan and Europe.
As described by its maker, Early Bird Foods & Co., 'Hall And Oates' cereal is a nut-free cereal made from maple syrup and oats, as a "back-to-basics flavor and perfect by itself or as the base for a breakfast parfait creation."
The Daily Mail noted that the lawsuit contains plea to ask the court to order the company Early Bird Foods to stop using the name 'Haulin Oats' name that sounded like much of 'Hall and Oates' cereal. It also includes demand that the company must renounce any income made off from the brand.
Hall & Oates stands for the names Daryl Hall and John Oates, a popular American duo known for their range of pop rock, blue-eyed soul, soft rock and jazz music. The Philadelphia singers were best known for their record-breaking hit songs that top the Billboard Hot 100 including "Kiss on my List," "Rich Girl," "Private Eyes," "Maneater," "Out of Touch," and "I Can't Go For That (No Can Do).
'Hall And Oates' cereal made by Early Bird Foods & Co. is not the first product that has become a subject for infringement cases.
The American pop duo who was just recently inducted Rock and Roll Hall of Famers stated that several parties have already tried "to make connection between the artists' names and oats-related products" over the past years.
What do you think, does the duo has the right to claim infringement on 'Hall And Oates' cereal name?