DWF, a global provider of integrated legal and business services, has helped Dairy UK score a decisive victory at the UK Supreme Court, shutting down an appeal from plant-based drinks giant Oatly.
In a unanimous ruling, the Court ruled that Oatly’s trademark ‘Post Milk Generation’ cannot be used for oat-based food and drink products. The problem? The word “milk” is legally protected – and cannot be used to sell non-dairy goods.
The case tested how far the law goes in controlling dairy terms like milk, cheese and yoghurt. Oatly argued its slogan wasn’t naming a product and should be allowed. It also said the phrase described a characteristic of oat drinks.
The judges weren’t buying it. They said “designation” covers trademarks and branding – not just what’s on the ingredients list. And they ruled that Post Milk Generation doesn’t describe a real product quality, so it doesn’t qualify for any exception.
The bottom line for brand owners is that in the Food & Beverage business, trademark has to play by the same rules as label. Dairy language cannot be used to sell plant-based products if it risks misleading shoppers or tilting the competitive playing field.
The DWF team behind the win was led by IP Director Asima Rana, supported by Jake Slinger and Tom Moody-Stuart KC of 8 New Square.
“The Supreme Court’s decision brings welcome clarity and confirms how the relevant regulatory framework is to be applied in practice,” said Ms Rana. “Importantly, it provides greater certainty for businesses operating in the food and drink sector.”
Judith Bryans, Chief Executive of Dairy UK, said this is a significant and welcome judgment for the UK dairy industry. The Supreme Court’s decision reinforces the long-established legal protections for dairy terms and ensures that they cannot be used inappropriately in ways that undermine fair competition. She added that Dairy UK is grateful to DWF and counsel for their expert guidance and support throughout the litigation.
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