Oat-ly trade mark dispute with PureOaty

Earlier this week, Swedish owned plant based dairy substitute company ‘Oatly’ commenced legal action against its Cambridgeshire based competitor, Glebe Farm Foods for trade mark infringement.

In its lawsuit, Oatly claim that the brand ‘PureOaty’ owned by Glebe Farm Foods, infringes their ‘Oatly’ and ‘Oat-ly! trade marks, on the grounds that the two brands are confusingly similar.

Glebe Farm Foods attempted to register a trade mark for ‘PureOaty’ in November 2019 under classes 29; Oat milk; Oat-based beverages [milk substitute and classes 30 & 32 however, the application was opposed shortly after on 10 March 2020.

Swedish owned Oatly, who are in the process of building their first UK factory, are allegedly seeking for PureOaty’s packing to be changed, and for the company to pay damages to Oatly for trade mark infringement and passing off.

The proceedings are said to commence in the Intellectual Property Enterprise Court this week.

If you any questions relating to this article, or you have recently discovered someone else infringing your mark, contact Lawdit Solicitors today.

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