OK Go Deny Post the Okay to Go Ahead and Use its Name to Sell Cereal
April 15, 2023 10:57 PM   Subscribe

OK Go, a band known for its elaborate videos (on treadmills, Rube Goldberg, drones, zero gravity), is being sued by Post Foods for use of the name OK GO! to sell breakfast cereal products.

In January, the band posted on Instagram:
We have been sued by Post Foods.

Have you ever had your name stolen by a multi-billion-dollar food processing Goliath? Here’s how it goes down:

1) They apply for a trademark on the name you’ve been using for 25 years.
2) You send a letter asking them to pick a different name, please.
3) They SUE YOU IN FEDERAL COURT.

On top of it all, according to Post, this breakfast food is “ready to rock.”
#weareOKGO
This week Rolling Stone writes:
Post’s new hyper-convenient portable cereal line is called OK GO! — just a tiny punctuation mark away from OK Go, the name of the alt-rock band that Kulash has led since the late Nineties. Kulash had his legal team contact the cereal company as soon as he heard of their plans, a few months before the breakfast cups hit shelves. He hoped they could reach some kind of resolution. Instead, he says, after offering them a nominal fee to drop the matter, Post sued the band in Minnesota federal court. “Their assumption is that they can just keep forcing us to spend money on lawsuits until we go away,” says Kulash. “It’s corporate bullying.”
Ironically, Post hired OK Go to star in an online video for their Honey Bunches of Oats cereal in 2011. When OK Go argued in the lawsuit that the public might associate OK GO! Cereal with the band, Post’s legal team noted the small number of views and the public’s short attention span indicates there will be no mistaken association with OK Go.

The band has a history of successful corporate collaborations. More from Rolling Stone:
[Ok Go] licensed out nearly every song from their 2010 album Of the Blue Colour of the Sky to commercials and TV shows. In the years that followed, they teamed up with Chevrolet, State Farm, Morton Salt, and many other major brands to fund their increasingly elaborate videos that promoted both their music and whoever was willing to bankroll it. “We’ve worked with everyone under the sun,” says Kulash. “It’s allowed us to make videos that no label or band could afford.”

He first became aware of Post’s actions late last year, when the cereal company attempted to trademark the name OK GO! His first instinct was to reach out to the cereal company: “We were like, ‘Should we do a video together?'”
The band appears to be looking to garner public support for their case this week, simply posting a link to the Rolling Stone article quoted above on their social media channels (twitter, instagram) with no comment.

Previous OK Go on the blue here.
posted by Bunglegirl (78 comments total) 7 users marked this as a favorite
 
OK GO! Blue?
posted by Gymnopedist at 12:26 AM on April 16, 2023 [2 favorites]


Talk about burying the lede:
Kulash and his wife, Kristin Gore, daughter of former Vice President Al Gore, could co-direct the upcoming Apple movie The Beanie Bubble. Starring Zach Galifianakis, Elizabeth Banks, Sarah Snook, and Geraldine Viswanathan, the film chronicles the mid-Nineties Beanie Baby phenomenon.
posted by St. Oops at 1:44 AM on April 16, 2023 [11 favorites]


Is this a bad time to mention that I've filed a trademark for "Post Foods!", my specialty veterinarian food made from shredded fence posts for incontinent gerbils.
posted by AlSweigart at 2:35 AM on April 16, 2023 [40 favorites]


There is a certain ease I feel in watching two entities I don't know get into a lawsuit that's not likely to ruin either of them. Once I am sparred the burden of caring about either of them or the case as a whole, it's much easier to just be vaguely interested in the random particulars of the case without feeling bad about it.
posted by solarion at 2:55 AM on April 16, 2023 [6 favorites]


on the one hand, trademark is a complicated form of IP and the public generally automatically assumes it’s the same as copyright, leading a whole lot of people to leap immediately to the intuitive wrong conclusion

on the other hand, this feels like the sort of case that the band could win by simply going up to the judge and saying: come on
posted by DoctorFedora at 4:58 AM on April 16, 2023 [47 favorites]


Metafilter: shredded fence posts for incontinent gerbils
posted by lalochezia at 5:48 AM on April 16, 2023 [14 favorites]


Meta-observation: is putting color images in a court filing something new? Because that's kind of nifty.
posted by JoeZydeco at 5:53 AM on April 16, 2023


There is a certain ease I feel in watching two entities I don't know get into a lawsuit that's not likely to ruin either of them. Once I am sparred the burden of caring about either of them or the case as a whole, it's much easier to just be vaguely interested in the random particulars of the case without feeling bad about it.

Same, though I'm very vaguely on the side of the band here, partly because it appears they are in the right, and also because although they are an equally commercial entity, they are smaller and don't deserve to be squished by the bigger company.
posted by Dip Flash at 6:13 AM on April 16, 2023 [9 favorites]


This seems like a lot of effort - and legal fees - for instant breakfast cereal. I’m not an expert on American breakfast markets but I can’t see this being a long lived product.
posted by The River Ivel at 6:16 AM on April 16, 2023 [3 favorites]


"Ok Go!" sounds like you'd find it in the high-fiber section.
posted by mittens at 6:30 AM on April 16, 2023 [50 favorites]


Aren't trademarks limited by trademark class? Bands don't really compete with breakfasts.
posted by zompist at 6:52 AM on April 16, 2023 [11 favorites]


I'm agree with @zompist. Nobody is going to confuse a pop band with breakfast cereal. I'm all for rooting for the little guy, but OK Go! has drawn themselves into a variation of the Streisand Effect. If OK Go! had not said anything in the first place, they wouldn't be being sued now.
posted by falsedmitri at 7:00 AM on April 16, 2023 [1 favorite]


Yes, bands don't compete directly with cereal brands, but bands that sell their music to tons of brands have a good point that using their name will be seen as a statement of their endorsement, just like they endorsed that car company and salt company etc. Also they did endorse and appeared in an ad for a Post product in the past (as clearly described in the excerpt above), so it's extremely reasonable to think consumers would infer this to be an approved usage of the name and implicit endorsement of the Ok Go band.
posted by SaltySalticid at 7:03 AM on April 16, 2023 [33 favorites]


Yeah, this is more in the category of giant multinational company hired a smaller creative firm on one occasion, and now wants to use that marketing beyond the scope of what they paid for, without paying the small creative firm again.
posted by eviemath at 7:10 AM on April 16, 2023 [28 favorites]


I suggest they rename the cerial G'wan Git! And then Microsoft can sue them.
posted by seanmpuckett at 7:12 AM on April 16, 2023 [9 favorites]


I’m siding with the band on this one. There’s no way Post can argue they didn’t know the band existed given that they previously used them for a commercial, there’s no way their lawyers didn’t see this coming, and there were far better ways to respond to a letter from the band than to file a federal lawsuit.
posted by caution live frogs at 7:14 AM on April 16, 2023 [12 favorites]


This one’s a real head scratcher, for sure. Even if Post wins, they don’t win. And what do they win? They get to use the name, sure, but what’s the lifetime on that?

Someone senior and sensible needs to sit down with Posts legal team and have a chin wag about what’s reasonable and not.
posted by JustSayNoDawg at 7:26 AM on April 16, 2023 [3 favorites]


I agree that most people won't confuse OK Go the band with a cereal (from a trademark perspective) but they, more than most bands, partner with and do promotion for corporate brands. Personally, if I saw a breakfast cereal named OK Go! I would assume it was a band promotion and look online to see what music/video/project they were collaborating on. However, I've been an OK Go fan since they played tiny venues in the suburbs of Chicago to 50 people. So, certainly, I'm biased and overly familiar with them.

Reading between the lines, it sounds like someone at Post didn't do their homework/legalwork and either assumed nobody would notice or that they could get away with it. If the product was months away from launch (and is on their website now) then they had already sunk tons of money into the name and figured it was cheaper to sue OK Go than to rename OK Go! and dump all of the cereal already produced.
posted by Bunglegirl at 7:34 AM on April 16, 2023 [14 favorites]


...and from the other side it sounds like when OK Go reached out to Post initially it didn't offer OK Go a high enough payout to get on board. Since they've partnered with big business and big cereal before they must have and idea what kind of fees they could get.

Using the tagline "ready to rock!" (you can see on the product on the Instagram post) is especially eye raising.
posted by Bunglegirl at 7:43 AM on April 16, 2023 [14 favorites]


sosumi
posted by whatevernot at 7:45 AM on April 16, 2023 [4 favorites]


There is a certain ease I feel in watching two entities I don't know get into a lawsuit that's not likely to ruin either of them.

Post can drain every penny of the band’s resources in a protracted legal fight, and they will make it as protracted as it needs to be to force them to give up. From the perspective of a large corporation, the merits of the case are largely beside the point, just the disparity in resources with the opponent.
posted by Horace Rumpole at 7:48 AM on April 16, 2023 [21 favorites]


This exact same thing was done with the Beatles movie title Help! apparently.
posted by Heywood Mogroot III at 8:22 AM on April 16, 2023


In a fit of unintentional irony, there are apparently 2 different movies called "The Beanie Bubble". There exists a documentary that has already been released and there's the upcoming AppleTV+ docu-drama directed by Kulash and Gore. I'm not sure if there's a release date for the Kulash/Gore TBB yet.

Kulash has stated many times that the band hasn't been able to really monetize their music and videos very well, so OK Go is a tiny fly compared to the Post Godzilla as far as finances go. It wouldn't take much legal maneuvering on Post's part to bankrupt the band.
posted by ensign_ricky at 8:56 AM on April 16, 2023 [3 favorites]


Help is a terrible name for a breakfast cereal
posted by staggernation at 8:56 AM on April 16, 2023 [12 favorites]


OK Go is a terrible name for a breakfast cereal.
posted by aubilenon at 9:01 AM on April 16, 2023 [14 favorites]


I always thought that "OK Go" was another reference to the OK> prompt, as was previously[!] done by"OK Computer." (The seminal album came out in 1997 and the band apparently formed in 1998.)
posted by anhedonic at 9:08 AM on April 16, 2023


That's what I thought too, anhedonic. However, according to Kulash:

"The band name comes from an inside joke developed at Interlochen; they had an often high art teacher who would repeatedly say, "OK... Go!" while they were drawing."
posted by ensign_ricky at 9:12 AM on April 16, 2023 [1 favorite]


OK Go is a terrible name for a breakfast cereal.

Wait until you sample U2 NEGATIVLAND — chockfull of vitamins that are bono for you, but it comes from England and tastes like shit.
posted by They sucked his brains out! at 11:15 AM on April 16, 2023 [11 favorites]


If I were a shitty meme band and didn’t want to be sued for a declaratory judgment that a breakfast cereal is not infringing on my band’s trademark (which it isn’t) I would simply not tell the cereal company to pick another name.
posted by sinfony at 11:39 AM on April 16, 2023


You're telling me this cereal's full name is Old Kinderhook Go?
posted by axiom at 12:18 PM on April 16, 2023 [4 favorites]


Post picked a name that they knew was already being used by somebody. They didn't do a bunch of work and only then discover the name was already in use. They'd worked with the current users of the name. They knew perfectly well that the name could cause issues. There's a nigh-infinite number of things you could name cereal and they deliberately chose one that was already in use by a band. That's the entire part of this story I care about. Fuck them.
posted by Pope Guilty at 12:27 PM on April 16, 2023 [26 favorites]


But you don't even have a shitty meme band, so you have to envy theirs.
posted by Reverend John at 12:35 PM on April 16, 2023 [2 favorites]


Ironically, Post hired OK Go to star in an online video yt for their Honey Bunches of Oats cereal in 2011.

Maybe this lawsuit is just their latest co-promotion vehicle. Too cynical?
posted by rhizome at 12:56 PM on April 16, 2023


OK Go is a terrible name for a breakfast cereal.

What band name would be make a good name for a breakfast cereal?
posted by alex_skazat at 1:06 PM on April 16, 2023


The Crucifucks.
posted by box at 1:08 PM on April 16, 2023 [10 favorites]


Mmmmmmmm, too edgy.

How about Red Hot Chili Peppers Flakes?
posted by wenestvedt at 1:21 PM on April 16, 2023 [3 favorites]


(Now it McCormick's turn to sue!)
posted by wenestvedt at 1:22 PM on April 16, 2023


Band names that would be good names for breakfast cereals:

Apples in Stereo
Bananarama
Go-Go's
Lightning Seeds
Pixies
Sugarcubes
Temptations
The Lovin' Spooonful
posted by box at 1:36 PM on April 16, 2023 [30 favorites]


Hall and Oats, surely.
posted by aws17576 at 1:41 PM on April 16, 2023 [28 favorites]


I could see Wheatus being an honest breakfast cereal . Hmmmmmm: Shredded Wheatus .
posted by alex_skazat at 1:41 PM on April 16, 2023 [4 favorites]




Band names that would be good names for breakfast cereals: Apples in Stereo

Dressy Bessy! Now with more Pink Hearts and Yellow Moons... Marshmallows!
posted by alex_skazat at 1:43 PM on April 16, 2023 [4 favorites]


Wait until you sample U2 NEGATIVLAND — chockfull of vitamins that are bono for you, but it comes from England and tastes like shit.
posted by They sucked his brains out!


I know there's a way to wedge "a little dog named Snuggles" in there too but I'll be damned if I can find it.

Adding: Crosby Stills and Nosh (and sometimes Young)?
posted by ensign_ricky at 2:21 PM on April 16, 2023 [1 favorite]


ozric tentacles
posted by pyramid termite at 2:33 PM on April 16, 2023 [5 favorites]


who were actually given a cease and desist letter from kellogg's for the packaging of that 6cd collection
posted by pyramid termite at 2:34 PM on April 16, 2023


Open up a box of Mmm Mmm Mmm Mmm. Tasty!
posted by They sucked his brains out! at 2:42 PM on April 16, 2023


Hall and Oats, surely.
posted by aws17576


Might I suggest Challah and Oats?
posted by ensign_ricky at 2:43 PM on April 16, 2023 [2 favorites]


I have liked, but not closely followed, OK Go the band since 'This Too Shall Pass' (2010) and am lefty enough to reflexively dislike massive corporations leaning on small businesses with the weight of their in-house counsel and ginormous legal funds.
This stinks and I hope Post are told to go piss up a rope.
posted by ngaiotonga at 2:55 PM on April 16, 2023 [1 favorite]


I suggest they rename the cerial G'wan Git! And then Microsoft can sue them.

Microsoft owns GitHub, not git, which is currently a trademark of Software Freedom Conservancy. G’wan GitHub would be a even more terrible name for a cereal.
posted by zamboni at 2:55 PM on April 16, 2023


Elvis Costell-O's?
posted by Larry David Syndrome at 3:21 PM on April 16, 2023 [7 favorites]


Spread a bit of Pearl Jam on your morning toast.
posted by They sucked his brains out! at 3:23 PM on April 16, 2023


I feel like this is yet another instance of nobody reading the fucking article or knowing anything at all about the relevant subjects before grandstanding, so I’ll nope out of this with the note that Post didn’t lean on anybody, OK Go approached them and basically said “please give us a bunch of money for literally no reason.” Post can go fuck themselves for general capitalist reasons, sure, but no good cause is advanced by aggressively not understanding how law works and ranting based on an incorrect view of the situation. The rule of law is on thin enough ice as it is.
posted by sinfony at 3:46 PM on April 16, 2023 [3 favorites]


How do we know this isn't some kind of scheme by OK Go to create yet another viral video by becoming the first band to release a music video in a court docket or something?
posted by ultraviolet catastrophe at 4:05 PM on April 16, 2023 [7 favorites]


The Muffins
The Jam
Cream
The Cranberries
The Raspberries
Bread
Hot Chocolate
Veruca Salt
Sugar Ray
The Electric Prunes
Orange Juice
posted by The Half Language Plant at 4:08 PM on April 16, 2023 [4 favorites]


sosumi

that's also the name of a make of car in William Gaddis' "A Frolic of His Own" (1994) [ungated]
posted by chavenet at 4:12 PM on April 16, 2023


Yeah, that's my bad, sinfony, thanks for correcting.
posted by ngaiotonga at 4:12 PM on April 16, 2023


the first band to release a music video in a court docket or something?

Cop Rock - He's Guilty (featuring Carl Anderson, written by Randy Newman)
posted by hippybear at 4:42 PM on April 16, 2023 [1 favorite]


I always thought that "OK Go" was another reference to the OK> prompt, as was previously[!] done by"OK Computer."

...OK Computer is a Hitchhiker's Guide to the Galaxy reference, is it not? Just like "Paranoid Android?"
posted by mykescipark at 4:57 PM on April 16, 2023 [2 favorites]


Wow, that Honey & Joy video was really something. It’s interesting to see the video is now up to 5400 views, so the lawsuit has almost doubled the ad impressions. Hasn’t helped the rest of the series, though — the other episodes average around 1000 views each. Also, the end of the episode mentions Bitbop, which appears to be where it originally aired. I wonder how many views they got on that platform?

I’m no copyright lawyer, but Post’s previous work with OK Go seems like a confounding factor that makes summary judgment less of a slam dunk than it would normally be. My understanding is if a judge thinks there’s any merit to a legal argument — even ones you or I might think are tenuous — they’re inclined to let the lawyers have at it rather than declare summary judgment.
posted by Big Al 8000 at 5:43 PM on April 16, 2023 [1 favorite]


OK Go is a terrible name for a breakfast cereal.

Sure, but we're talking about "OK Go!" Totally different.
posted by kirkaracha at 5:47 PM on April 16, 2023 [2 favorites]


perhaps ok go should license their name for a brand of laxatives
posted by pyramid termite at 6:59 PM on April 16, 2023 [3 favorites]


Spread a bit of Pearl Jam on your morning toast.
posted by They sucked his brains out! at 3:23 PM on April 16 [+] [!]


Anti-favorite
posted by latkes at 8:16 PM on April 16, 2023 [2 favorites]


perhaps ok go should license their name for a brand of laxatives

Or put out a song called OK Go! about cereal and make the whole point of the song similar to the Colon Blow SNL commercial, and then claim "it's just a song, there's no way anyone can confuse this with your cereal, we named it after ourselves!"
posted by hippybear at 8:37 PM on April 16, 2023 [10 favorites]


Uhhh I'm very familiar with OK Go the band and would immediately think of them if I saw that cereal and wonder what the connection was. Not to mention that Post did in fact know the name was in use. This is 100% bullshit, I'm totally on the side of the band.

OK Go, hmu! Happy to testify.
posted by HotToddy at 9:02 PM on April 16, 2023 [3 favorites]


Strawberry Alarm Clock
posted by Jon_Evil at 10:26 PM on April 16, 2023 [3 favorites]


Strawberry Alarm Clock

Tastes like incense and peppermints!
posted by TedW at 3:27 AM on April 17, 2023 [4 favorites]


Band names that would be good names for breakfast cereals

Eat
posted by flabdablet at 6:07 AM on April 17, 2023 [1 favorite]


Peppermint Trolley Company
posted by JoeZydeco at 6:17 AM on April 17, 2023


Post's legal team included mention that the companies cereal products are "delicious" as basically the first of "Facts Common to All Counts". It's always nice to learn a new fact.

Also:
Bran Funk Railroad
posted by voiceofreason at 6:47 AM on April 17, 2023 [5 favorites]


Branmaster Flakes and the Fiberous Five
posted by flabdablet at 7:15 AM on April 17, 2023 [2 favorites]


Hmmm, I am seeing new band names....

Go Home Post, You're Drunk

No K Post
posted by rozcakj at 7:33 AM on April 17, 2023


perhaps ok go should license their name for a brand of laxatives

Our daughter was potty training around the time Frozen came out, and "Let It Go" was invaluable.
posted by kirkaracha at 7:40 AM on April 17, 2023 [1 favorite]


Post can go fuck themselves for general capitalist reasons, sure, but no good cause is advanced by aggressively not understanding how law works and ranting based on an incorrect view of the situation. The rule of law is on thin enough ice as it is.

omg why do you sound so horny for The Law did your kink discord leak or something
posted by Gymnopedist at 10:35 AM on April 17, 2023


Honey-Nut Cheerio Surfers.
posted by Sphinx at 11:25 AM on April 17, 2023


Chocolate Starfish
posted by flabdablet at 11:30 AM on April 17, 2023 [1 favorite]


"Let It Go" was invaluable

This too shall pass
posted by flabdablet at 11:44 AM on April 17, 2023




flabdablet: “Chocolate Starfish”
“The Untold Truth of Booty-O's Cereal,” Eric Meisfjord, Grunge, 25 May 2020

“WWE Network: The New Day unveils "Booty-Os" cereal: WWE Roadblock 2016”—WWE Network, 12 March 2016
posted by ob1quixote at 3:02 PM on April 17, 2023 [1 favorite]


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