Legal News

Oatly’s trade mark infringement and passing off claims fail—Oatly AB v Glebe Farm Foods

Published on: 16 August 2021
Published by a LexisNexis IP expert

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Intellectual Property Enterprise Court has dismissed Oatly’s claims of trade mark infringement and passing off. The claims concerned infringement under sections 10(2) and (3) of the Trade Marks Act 1994 (TMA 1994) and passing off in relation to several variants of the OATLY trade mark and product packaging. Oatly sell an oat-based dairy alternative drink under the brand name OATLY. Glebe Farm sell a competing oat-based drink under the brand name PUREOATY. Following the commencement of legal proceedings, Oatly’s claims ultimately failed due to a lack of evidence of actual consumer confusion and the low level of similarity between the marks. Written by Joshua Marshall, senior associate at Fieldfisher LLP.

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