May 27, 2022

Wow - a little less cow

Oatly, the Swedish oat milk giant has had part of its “WOW NO COW” trade mark trimmed by a federal judge in Ohio.

Oatly filed a claim against D’s Naturals back in 2017 on the grounds D’s Naturals use of the mark “No Cow” would confuse consumers with its own “WOW NO COW” mark. In response, D’s Naturals issued three counter-claims. One of which was an argument that the court should remove certain dry goods products from Oatly’s registered trade mark.

D’s Naturals, sellers of dairy-free snack bars, were awarded partial summary judgment as the judge ruled Oatly did not have any “bona fide intent” to use its mark in relation to products such as oat flour, oatmeal and other dry products. As Oatly cannot claim use in the mark for goods which may “only materialise” in the future. The two other counter-claims brought by D’s Naturals were dismissed.

This ruling comes as a stark warning to those seeking to file trade marks for goods and services they have no firm plans to use at the time the application is filed.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Trade Marks

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