Family-run Glebe Farm Foods Limited (Glebe Farms) has very
recently successfully defended allegations of trade mark
infringement and passing off from oat milk giants, Oatly, in the
Intellectual Property and Enterprise Court.
Judgment in this case was handed down on 5 August 2021 and was
reported widely in the media. The action was brought by Oatly for
alleged infringement of five of its registered trade marks (the
'Oaty Trade Marks') under S10(2) and 10(3) of the Trade
Marks Act 1994 for Glebe Farm use of the mark 'PureOaty' on
its oat-based drinks. Oatly also alleged passing off against Glebe
Farm.
Trade mark infringement under S10(2)
In order for Oatly to prove trade mark infringement under this
provision it needed to show that:
