Post Foods OK Go settlement overview:
- Who: Post Foods LLC and Los Angeles-based rock band OK Go have reached a confidential agreement to settle a lawsuit filed by the cereal maker.
- Why: Post Foods was seeking a declaration that it could continue to use the phrase “OK Go!” on its on-the-go breakfast products without it being an infringement on the band’s trademarks.
- Where: The lawsuit was filed in Minnesota federal court.
Post Foods and the Los Angeles-based rock band OK Go have agreed to a settlement to resolve a lawsuit the cereal maker filed that sought a declaration it could continue to use the phrase “OK Go!” on its on-the-go breakfast products, without infringing on the band’s trademarks.
OK Go and Post previously collaborated almost a decade ago, however, the band has since declined to enter into a new branding agreement with the cereal maker, Law360 reports.
Post’s lawsuit, meanwhile, sought a declaration that its printing of “OK Go!” on labels for its breakfast and snack food products would not lead consumers to wrongly believe the products were endorsed by the rock band.
The company wrote in its lawsuit that, without the declaration, it would be unable to continue investing in its OK Go! brand without being “under the constant threat of unfounded future litigation,” according to Law360.
Post Foods filed trademark application for ‘OK Go!’ in May 2022
Post reportedly filed a trademark application with the U.S. Patent and Trademark Office (USPTO) in May 2022 to register the “OK Go!” trademark in connection with its breakfast cereal products.
The USPTO raised no objection to the application and published it for opposition in August, according to the lawsuit, however, OK Go would send Post a cease-and-desist letter, arguing it already owns the “OK Go,” federal trademark registrations, Law360 reports.
OK Go reportedly said it was concerned that printing “OK Go!” on the cereal products would confuse consumers into wrongly believing they were endorsed by the band. Post denied the allegations, and refused to withdraw its trademark, however.
The USPTO would go on to grant a request by OK Go to extend a deadline last December so that the band could formally oppose Post’s trademark application for “OK Go!”
OK Go also would reject a January offer by Post to enter into a “collaboration/co-marketing arrangement,” according to Law360.
In May 2021, Post agreed to pay $15 million to resolve claims the company misled consumers into believing its breakfast cereal products were healthier than they actually are.
Were you under the impression Post Foods and OK Go were in collaboration? Let us know in the comments.
The Post Foods OK Go settlement is In re: Post Foods, LLC v. OK Go Partnership, et al., Case No. 0:23-cv-00110, in the U.S. District Court for the District of Minnesota.
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4 thoughts onPost Foods settles trademark suit with Los Angeles rock band over ‘OK Go’ use
I’m sure the average person would wonder if the band had endorsed the product. I would check as would many others but I’m sure there are many who wouldn’t care and many who might assume they had. I’m on the band’s side.
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I had no idea that this was even an issue. I would never have thought that putting Ok Go on Post products would have any connection to the band Ok Go. I am surprised that anyone would assume the connection.