Don’t cry over spilt milk

Popular Swedish brand and household name Oatly has lost a trade mark battle against PureOaty, a family-run farm in Cambridgeshire. Oatly started proceedings on the basis the name PureOaty was too similar. Both products come in blue and white milk-style carton packaging faced with a teacup illustration adopted on the front.

Last year Oatly requested Glebe Farm Foods desist from using the brand PureOaty and received a non-constructive response. This resulted in legal action being taken by Oatly for infringement on five registered trade marks and passing off. A counterclaim was initially issued by the PureOaty for a declaration of invalidity, but this was not pursued.

Oatly’s claims that PureOaty had infringed upon its trade mark have been dismissed by the Court. Whilst it was recognised Oatly has a strong brand and uniqueness, it was held the similarities between the two were not enough to be deemed an infringement.

Glebe Farm Foods branded the decision a victory for consumer choice.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel’s Law on 0191 281 4000 or legal@mcdanielslaw.com