BetterBody Foods Makes a Bold Move to Preserve the Brand Name OATSOME
After receiving more than one "cease and desist" letter from corporate Swedish giant Oatly to give up its trademark, the American-made company files formal legal complaint.
LINDON, Utah, Aug. 17, 2020 /PRNewswire-PRWeb/ -- The 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, for the 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 numerous countries including the United Kingdom, China, Australia and Singapore.
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. (United States District Court, for the District of Utah, Case No: 2:20-cv-00492-JCB.)
On July 10, BBF filed a complaint (United States District Court, for the District of Utah, Case No: 2:20-cv-00492-JCB) 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.
The complaint was filed in the Utah District Court. BBF is seeking damages and a judgment that the alleged trademark infringement is willful and constitutes unfair competition.
About BetterBody Foods & Nutrition LLC: Founded by Stephen Richards in 2007, BetterBody Foods believes making better food choices contributes to a happy and healthy life. Committed to providing the best organic and natural foods for cooking, baking, health and wellness, the BBF team is constantly innovating and creating new healthy products. The company created household names such as their best-selling PBfit peanut butter powder, Oatsome and Plant Junkie, all of which are available on-line and in major retailers around the country.
SOURCE BetterBody Foods & Nutrition
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