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Let’s talk a little bit about the Post cereal lawsuit against OkGo.
I think there’s been a lot of confusion about that. So I figured even though I’m on the road, let’s chat post filed a lawsuit against the band. Okay go. Why Post wants to file a trademark called OkGo for a line of cereals. Probably ready to made cereals is my guess.
The band sent the post a what we call a cease and desist letter. Now, we’ve heard a lot about cease and desist letters, but we haven’t really heard a lot about what happens after you send a cease and desist letter. One of the pitfalls of sending a cease and desist letter is that the potential defendant in a lawsuit who receives that cease and desist letter may have the ability to go to federal court, especially in trademark law, because everything is federal.
We want the court to say “We are not infringing upon this trademark.”
Now, in that particular case, what has to happen then is that the now defendant who asserted the trademark claims, who would have been a plaintiff, also has to file a counter lawsuit for the trademark infringement, as well as answering the the complaint that’s there. So really what’s happened here is that post started using the phrase, okay, go on cereal. Okay, go. The band did not like that particular use of the phrase. Okay, go. Despite the different sets of goods and services, that lawyer said the cease and desist letter. And in response to the cease and desist letter post decided to take that issue to their home district court and they filed a what we call a declaratory judgment asking the District of Minnesota that they are not infringing.
So that’s one of the that’s one of the things that happens when you send a cease and desist letter. It can backfire on you. And you might actually wind up being a defendant in a lawsuit where, you know, they’re being asked to say that they’re not actually infringing. You have to make sure that you write your cease and desist letters calmly. You must make sure that you need to write your cease and desist letters specifically, and you need to make sure that you’re not really going to kick up dust.
But that is certainly one of the things that can happen.
And in this particular case, that is exactly what happened that a lawsuit just started. So we have a lot to to to determine, especially a lot to determine about. Okay. Go’s use of the trademark. Okay. Go ahead. And if it’s a trademark that is famous enough that all other uses should be banned. To me, that’s going to be the one and only question on the trademark case.