Oatly v PureOaty: cereal killer

Oatly is taking legal action against fellow oat-based drink brand, PureOaty, for trademark infringement, a move that underlines the importance of big thinking on IP when a brand is in its infancy, say Mark Kramer and Sarah Talland of Potter Clarkson.

The Oatly brand is a mighty oak in the world of milk alternatives. In 2018 the Sweden-headquartered business sold more than 90 million units of its drinks within the EU.

Although it may seem as if plant-based milk alternatives have been around for a while, when Oatly first hit the supermarket shelves around 20 years ago, soy milk was the only mainstream option in the UK if you wanted a vegan or lactose-free alternative to cow’s milk.

The milk substitute world is very different now, with a quick Google search or visit to a high street coffee chain presenting multiple options including almond, rice, hemp, and oat-derived drinks.