The indie band OK Go is being sued by mega-corporation Post cereal over a name-use dispute. The cereal brand wants to use “ok go!” as the name for their new portable snack, a disposable bowl with cereal and dry milk. Add cold water and stir, and you have an on-the-go breakfast option.
OK Go and Their Rise to Fame
OK Go’s popularity grew wildly after the release of their music video, “Here It Goes Again,” on YouTube. Over the last 13 years, the video has received over 60 million views. Since then, they have been known for their unique choreography-filled music videos, often created and executed on a low budget. Many have accredited their popularity to these music videos, in addition to their quirky appearances on shows such as The Today Show and their indie style of music. The band has released four studio albums in addition to a variety of singles.
Post Cereal
Post is a multi-billion dollar cereal company with dozens of different well-known cereals. Their new product, an on-the-go cereal option, has caused quite a stir over their name choice. They want to brand it “ok go!”.View this post on Instagram A post shared by OK Go (@okgo)
The Lawsuit
Upon hearing the cereal brand’s decision to use “ok go!” as the name of their new product, the band OK Go sent a cease and desist letter via their lawyer, asking the company to find a new name. They expressed concern that the nearly identical name (the same other than an exclamation point) would confuse consumers, who would likely associate it with the band. The band has collaborated with various brands over the years, including a collab with Post cereals.
Post cereal, in response, has filed a suit against the band in an effort to prevent the band from stopping them from using the phrase “ok go!” as the name of their new product. In addition, they want to be reimbursed for their attorney fees. They claim there is such a difference between cereal and a rock band that there is no chance for confusion.
However, because of the number of collaborations OK Go has done with brands, it is reasonable to think they might be associated with the new product. In addition, the band is known for quirkiness and is now associated with several brands, including Post.
In addition, it is early enough that a name change for their product would not affect the success of the product. There are many other name options, some of which play into the cereal’s names, making it a more memorable and catchy name. However, the cereal brand has chosen to continue with the name, even though the band has had the name trademarked since 2008.Time to boycott Cocoa Pebbles? This is some BS. #weareOKGO https://t.co/3PBzIPsrCW
— Records Revisited Podcast (W/ ❤️ We Will Survive) (@PodcastRecords) February 1, 2023
Will Post or OK Go Win?
Will it be the multi-billion dollar company that would not lose much of anything by changing the name of their product, or the Indie band, who has not been unreasonable in their request for the cereal company to change the name of their product, so the band is not associated with it? Only time will tell who will win in this David vs. Goliath story.
