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Thursday 05 August 2021 2:12 pm  |  Updated:  Thursday 05 August 2021 2:36 pm

‘True David and Goliath battle’: Oatly loses UK trademark dispute to Glebe farm

By: Farah Ghouri

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An arable farm near Cambridgeshire, Glebe Farm is run by siblings Rebecca and Philip Rayner.

British oat milk producer Glebe Farm has today won a trademark infringement case brought against it by celebrity-backed oat drink giant Oatly.

Glebe Farm was accused by Oatly, which boasts Oprah Winfrey as one of its investors, of trademark infringement and passing off, after the family-run business used the brand PureOaty on their gluten-free oat milk.

The judge dismissed all of the Swedish brand’s claims after a two-day hearing in which aspects of a alleged intellectual property, ranging from the choice of language, typefaces and colours, were examined.

Philip Rayner, owner and managing director of Glebe Farm, said: “You only need to look at the two products and packaging side by side to appreciate how different these brands are, and how unnecessary this legal action was.”

The judge also found no likelihood of confusion between PureOaty and any Oatly trade marks.

“It is enormously gratifying that the judge has ruled in our favour, and to see that smaller independent companies can fight back and win,” said Rayner.

Glebe Farm’s year-long battle with a multinational business struck a chord with many others. The sibling run business, which has been producing cereal for 30 years, received over 130,000 signatures In support on an online petition with many comments describing the feud as a “true David and Goliath battle.”

Oatly said they fully accept the verdict and will not be making an appeal.

it added that while the victory might be seen as vindication for small oat drink companies over larger ones, for the multinational firm it was always “about protecting our trademark and how the single letter Y creates too much of a similarity between OATY and OATLY.”

Oatly insists that it never brought the case with the intent to damage Glebe farm, but rather they said “we love all oat drink companies,” bringing out new products, adding: “We just think they should do so in their own unique voice, just like we do.”

“Truth is, we love all oat drink companies and never brought this case to damage Glebe Farm. In fact, we want them to thrive and help bring products into the world that are good for the planet.

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