Nope, they can’t go for that!
No matter how slick its worded, when the legendary blue-eyed soul duo, and Rock and Roll Hall of Famers Daryl Hall and John Oates heard that an artisanal granola company from Brooklyn was calling one of their hipster-friendly products “Haulin’ Oats,” they proved the words of the 1982 mega-hit that was ‘I Can’t Go For That’ (No Can Do).
The legendary duo claim in their Brooklyn federal suit that Red Hook-based Early Bird is profiting off of the brand they built. “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 suit states.
Founded by a former manager of Brooklyn’s renowned Franny’s restaurant, Early Bird promises customers superior granola products.
The Haulin’ Oats line will run you $27 for a three pack. Its marketed as a “small-batch” offering, and one customer swore to “never eat anything else again” after tasting the granola.
The aging crooners taut their international fame in the lawsuit and refer to themselves as a “world famous” sensation that has “sold more albums that any other duo in music history,” according to the suit.
But the founder of Early Bird, Nekisia Davis, asserts on the company’s web site that her granola has also gone global.
“Her granola is sold in 38 states and in Europe and Japan,” according to the company’s Web site.
An attorney for the rock duo, Ron Israel, did not return a call for comment on the case. Early Bird also did not return requests for comment. Hall & Oates are demanding Early Bird stop using the “Haulin’ Oats” name and are also seeking damages.
So, ThisNthat readers, what say you about this lawsuit? Does Hall & Oats have rights to stop this cereal from ‘Haulin’ Oats?
While you ponder that question, stroll back down memory lane and watch the Hall & Oates video, “I Can’t Go For That (No Can Do) directly below.