MINNEAPOLIS — A battle between Post Foods, LLC and music group OK Go over the name of a new on-the-go cereal came to an end June 2 after US District Judge Jerry W. Blackwell of the US District Court for the District of Minnesota agreed to dismiss a trademark lawsuit between the two parties. The case’s dismissal came a month after Post Foods and OK Go reached a confidential settlement to resolve the lawsuit.
On May 4, 2022, Post filed a trademark application with the US Patent and Trademark Office for the mark OK GO! in connection with breakfast cereals and cereal-based snack foods. The Lakeview, Minn.-based company’s application was reviewed and approved with no objections on Aug. 30, 2022. On Sept. 9, 2022, though, OK Go sent a cease-and-desist letter to Post indicating that the intended use of the trademark in connection with cereal products would cause confusion and lead to false association between OK Go and Post, including suggesting to consumers that OK Go was endorsing Post’s products or that Post had received OK Go’s permission to use the trademark.
Following a back-and-forth between the two parties, Post in December 2022 offered to pay OK Go for a branding collaboration/co-marketing arrangement in an effort to resolve the matter. OK Go rejected the offer on Jan. 10, provided no counteroffer, and indicated a Lanham Act action may be necessary. As a result, Post filed a lawsuit.
Nearly four months later the two sides finally reached a settlement.
In a June 4 Twitter posting, OK Go, an American rock band originally from Chicago that now is based in Los Angeles, said, “The litigation with Post over the OK GO trademark was resolved pursuant to a confidential settlement agreement and Post has agreed to withdraw its application to register OK GO!” as a trademark with the US Patent and Trademark Office.”Post has not commented on the settlement.