Oatly not to be labelled as ‘milk’ after battle with Dairy UK
© Adobe Stock Swedish-based drinks manufacturer Oatly has lost a decision in the Court of Appeal to use the word ‘milk’ in the marketing of its oat-based drinks in the UK.
The Court of Appeal ruled unanimously in favour of industry trade association Dairy UK after Oatly tried to trademark phrases containing words associated with the dairy sector.
Oatly first filed a trademark application for the term “Post Milk Generation” with the Intellectual Property Office in 2019, which was then registered in April 2021.
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However, in November 2021, Dairy UK filed an application declaring that the trademark had been invalidly registered.
It argued that trademarks were prohibited if used to “deceive the public”, and that the use of the word milk was deceptive because the products did not comprise or contain milk.
A legal battle then ensued in the following years, however a ruling on 29 November 2024 determined that Oatly could not use the phrase and set a precedent providing more protection for the use of dairy terms on products.
Dr Judith Bryans, chief executive of Dairy UK said: “We’re delighted that the Court of Appeal has ruled in favour of Dairy UK in the case regarding the trade mark “Post Milk Generation.”
“This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trademark invalid for oat-based products.
“This ruling clarifies the legal protection of dairy terms, according to which the term “milk” is reserved for dairy milk, except in defined circumstances.
“At the heart of the legal matter was whether these rules extend to trademarks, and the Court of Appeal has now confirmed this to be the case.”
Ceremony of the Christmas Cheeses
More than 330kg of cheese was donated by the UK dairy sector to the Chelsea Pensioners of the Royal Hospital Chelsea as part of the Annual Ceremony of the Christmas Cheeses on 4 December.
Dairy UK chairman Paul Vernon said: “As our trusted friends of many years, we’re grateful to the Royal Hospital for their continued support of the Cheese Ceremony and their unwavering love of British cheese.”