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The Court of Appeal has ruled in favour of Dairy UK in its legal dispute with the vegan brand Oatly. The dispute centred on the use of the term “milk” in branding for oat-based beverages. The court decided that Oatly cannot use its “Post Milk Generation” trademark, upholding Dairy UK’s argument that, under current regulations, the term “milk” should be exclusively reserved for dairy products, except in legally defined circumstances.
Reacting to the ruling, 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 trademark ‘Post Milk Generation.’ This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trademark invalid for oat-based products.”
For Oatly, headquartered in Malmö, Sweden, this decision marks a significant challenge. Known as the world’s original and largest oat milk company, Oatly has built its identity around its pioneering oat-based products and its bold “Post Milk Generation” campaign. With products available in over 20 countries, the trademark has been central to its advocacy for plant-based diets and sustainability.
While the Court of Appeal’s decision represents a win for Dairy UK, it also emphasises the need for clear regulations that balance the interests of traditional dairy producers with those of the rapidly growing plant-based sector.
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