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Alternative rock band OK Go with breakfast cereal ‘OK Go!’

Post Consumer Brands and OK Go’s alternative rock band OK Go! in a legal dispute over the trademark use of the term. after the new cereal hit market shelves earlier this month.

In a civil lawsuit filed by Lakeville-based Post Foods LLC in U.S. District Court for the State of Minnesota, the OK Go group claims that the “OK Go!” first accused Post of violating trademark laws when it tried to register and use its mark. for one of its portable cereal products.

The post now says “OK Go!” seeks a “declarative decision” about the use of the word does not infringe any trademark or copyright.

OK Go frontman Damian Kulash responded to the controversy: “First a big corporation ‘grandfathered’ us, then they sued us? I’m sure they have more money and think they can bully us, but we’ve been using this name for decades, we’ve taken the right steps to protect ourselves, and we’ll fight like hell to protect our rights and what we’ve created. up”.

The Group believes that Post’s use of this branding creates confusion and falsely associates the Group with Post products. Court documents show that in September 2022, representatives of OK Go sent a cease-and-desist letter to the Post’s general counsel regarding use of the trademark. In response, the Post filed a complaint in the District Court of Minnesota

Post denies the allegations, saying in its civil complaint that the US Patent and Trademark Office did not object to the company’s use of the trademark during the application.

In a statement to 5 EYEWITNESS NEWS, Post spokeswoman Kathy Seifert said the company is “not trying to stop OK Go from using its name in any way. Instead, we ask the court to determine whether the Post can legally use the words OK GO! about its new breakfast cereal product.’

He added that the Post “reluctantly initiated this lawsuit when our efforts to resolve this matter amicably, including an offer to cooperate with the group for a fee, were rejected.”

OK Go is known for several popular hits, such as the treadmill music video “Here It Goes Again” and the Rube Goldberg machine-themed music video “This Too Shall Pass”. The group has created other videos that have millions of views online.

The two entities have collaborated in the past, including on an original series that featured the team members promoting the post-brand cereal’s Oatmeal Bundles.

In a letter to Post Consumer Brands, a lawyer representing OK Go said the group was “surprised and dismayed” to see the company file for the trademark OK GO “which matches our client’s name and mark” given its past. collaborations.

In response, a Post spokesman said, “The parties’ respective goods and services are unrelated, making confusion virtually impossible.”