Back in June, Oatly brought a case against Glebe Farm Foods’ PureOaty dairy alternative for alleged trade mark infringement. However, with a recent decision ruling in favour of Glebe Farm Foods, it has been established that smaller, independent companies can fight back against giants and win. The case was initiated when Oatly, the world’s largest oat milk company, claimed that PureOaty’s branding was likely to cause customer confusion as the cartons and names appeared too similar to that of their own.
Additionally, Glebe Farm Foods were also accused of “passing off” their plant-based products as Oatly’s. However, deputy high court judge, Nicholas Caddick, wrote in his dismissal that the allegations did not amount to trade mark infringement. Prior to this decision, UK-based PureOaty also stated that it had no intention “to take advantage of the distinctive character” of Oatly, a popular milk alternative.
Oatly does not plan to appeal the judge’s decision as they wish Glebe Farm “total success in their plant-based journey moving forward”. This might seem contradictory to an earlier statement made by Oatly, reporting that if companies like Glebe Farm were to get away with infringing Oatly’s trade mark because they seem to be one of the good guys, then this “might leave the door open for the bad ones”.
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