Farming News - Global giant Oatly loses trademark battle against Glebe Farm over oat milk
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Global giant Oatly loses trademark battle against Glebe Farm over oat milk
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A family-run farm has won a legal battle against the multimillion-pound makers of plant milk, Oatly, which accused it of trademark infringement.
Oatly brought legal action against Glebe Farm Foods, a Cambridgeshire-based company that specialises in producing gluten-free oats, accusing them of attempting to take "unfair advantage" of Oatly's trademarks with their oat drink called "PureOaty".
Glebe Farm Foods in Kings Ripton, near Huntingdon, is run by brother and sister Philip and Rebecca Rayner and has been in cereal production for over 30 years. They created its oat drink nearly three years ago and rebranded the beverage as "PureOaty" in 2020.
Lawyers for Oatly said the name was meant "to bring Oatly's products to mind" and to "benefit from the huge power of attraction and reputation of Oatly's branding". Glebe Farm denied the claims, saying its package "calls to mind the concepts of purity and oatiness".
Judge Nicholas Caddick dismissed Oatly's case at London's High Court.
Oatly's lawyers argued that Glebe Farm Foods had infringed five of their firm's trademarks with the "PureOaty" name and the drink's packaging, as well as "passing off" their product as Oatly's.
Judge Caddick found there were similarities between the initial PureOaty packaging and the Oatly packaging, including the use of the colour blue and the use of an irregular font for the product name
However, the judge said the similarities were "at a very general level".
Judge Caddick siaid "On the facts of this case, I do not see that there is any risk of injury to the distinctive character of Oatly's marks.