Utah-based business BetterBody Foods & Nutrition LLC has filed a complaint with Oatly AB, a Swedish-owned brand with American investments, after receiving “cease and desist” letters from the oat milk brand.
- United States District Court
- District of Utah
- Case No: 2:20-cv-00492-JCB
Last year BetterBody Foods (BBF) entered the non-dairy beverage space with a non-GMO, organic, gluten-free, vegan and kosher certified oat milk. It successfully registered the OATSOME brand with the U.S. Patent and Trademark Office.
The health food company also registered the OATSOME mark in the following countries:
- United Kingdom
In September of 2019 just as BBF’s OATSOME brand was getting ready to launch, BBF received its first letter from Oatly’s legal counsel asserting that it owned the mark “TOTALLY OATSOME ”.
Oatly has also challenged BBF’s right to use OATSOME within the European Union and China though BBF has registered the OATSOME mark in those countries.
BBF is seeking damages and a judgment that the alleged trademark infringement is willful and constitutes unfair competition.
On July 10, BBF filed a complaint in United States District Court against the global brand and its use of the tagline “TOTALLY OAT-SOME” on product packaging for oat milk.
According to the court filing, “Given that no use of ‘OATSOME’ by Oatly had turned up during BetterBody Foods’ search of the OATSOME mark prior adopting it, BetterBody Foods was surprised at Oatly AB’s claim to own the trademark TOTALLY OATSOME.”
The complaint also states that BBF was “taken aback at Oatly’s overreaching demand” to never register trademarks incorporating the word “oat” into another word.