Back in September 2022, indie band OK Go sent a cease-and-desist letter to Post over a trademark disagreement. Now, the cereal company has hit back, taking the band to federal court. The matter is related to Post’s attempts to launch a new brand called OK GO! Many social media users have stood up in support of the indie brand, taking to Twitter, Instagram and Facebook to criticize Post’s abusive stance.
Who Are OK Go?
Four Chicago natives formed OK Go back in 1998: Damian Kulash, Dan Konopka, Tim Nordwind and Andy Duncan. In 2005, Duncan was replaced by Andy Ross. A year later, the indie band hit the big time (relatively speaking) with their instant anthem “Here It Goes Again.”
Over the years, the alternative rock back has gained a reputation for taking quirky risks, such as shooting the majority of their videos in a single take. Think The Flaming Lips levels of creativity and uniqueness, but in an indie package.
For one of their videos, the group used a laser to animate slices of bread. “This Too Shall Pass” featured a Rube Goldberg machine.
What Is the Post Cereal Company?
Queue the Post cereal company, legally known as Post Consumer Brands. This large corporation is the business behind well-known cereal brands Raisin Bran, Bran Flakes, Grape-Nuts, Shredded Wheat, Pebbles and Honey-Comb. In 2021, this massive cereal manufacturer had net sales of nearly $2 billion. Post has its headquarters in Lakeville, Minnesota.
How Is Post Bullying OK Go?
Post decided to launch a new cereal product around ready-to-eat cereal cups for kids. According to a lawyer for the cereal company, Post contacted OK Go to request a branding collaboration, but the band refused. Apparently, after this rejection, the cereal maker decided to go ahead and use the name anyway, although with a minor alteration: the new cereal was branded as OK GO! with an exclamation point.
After receiving the band’s cease-and-desist, Post opted to take the matter to court instead of choosing a different name. Lead singer Damian Kulash commented on the band’s frustration: “There are so many other things you could call your cereal. Just pick one. Nobody looks good in this. Just pick a new name.”
Why Is Post Fighting OK Go in Court?
This isn’t the first time Post has been in court. In June 2021, the brand decided to settle a large class action lawsuit related to product advertising. After the settlement, brand cereals can no longer use terms such as “no high-fructose corn syrup” and “nutritious,” when they contain a significant amount of sugar. Generally, corporations try to settle to keep controversies out of the public eye, so it’s odd that the cereal company decided to drag this trademark fight into the open.
This is just awful @postcereals … a new product using an established band’s name and describing it as “ready to rock” 🤢 #weareokgo
Why Is OK Go’s Case Important?
As a professional band, OK Go depends on its image, name and reputation to make money. Choosing the right company to partner with is tricky because fans can react negatively when supporting a company that has a poor reputation. The underlying principle behind this case is whether it’s OK for large corporations to get their way by bullying indie artists. Only time will tell how the public will respond.
