Trade Marks - Oatly AB v Glebe Farm Foods Ltd
Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC) Oatly AB and another v Glebe Farm Foods Ltd [2021] EWHC 2189 (IPEC) 5 Aug 2021 This was an action for trade mark infringement and passing off. There had been a counterclaim for a declaration of invalidity but that appears not to have been pursued at trial. The action came on for trial before Mr Nicholas Caddick QC on 9 and 10 June 2021. He delivered judgment on 5 Aug 2021 ( Oatly AB and another v Glebe Farm Foods Ltd [2021] EWHC 2189 (IPEC)). By para [117] of his judgment, he dismissed the claims for trade mark infringement and passing off. The Claim The action was brought by the Swedish company Oatly AB and its wholly-owned British subsidiary Oatly UK Ltd. Oatly AB marketed a milk substitute made from oats under the following marks: Mark Number Goods OATLY 009001626233 Class 29: oat-based food beverages used as a milk substitute; milk substitutes conta...