"Plant-based drinks maker Oatly has lost a long-running legal fight over its use of the word "milk" in marketing, after the UK Supreme Court ruled that it cannot trademark or use the slogan "post-milk generation" in connection with dairy alternatives. The case, brought by Dairy UK, centred on whether the term "milk", which is protected under EU-derived food labelling rules still in force in the UK, can be used in a trade mark for plant-based products."
"On Wednesday, the UK Supreme Court upheld an earlier Court of Appeal ruling that "milk" is a reserved term that can only refer to animal-derived products. Judges said the phrase "post-milk generation" could confuse consumers about whether Oatly's products were entirely milk-free or merely contained reduced levels of dairy. The decision reinstates the original position of the UK Intellectual Property Office (UKIPO), which had refused Oatly's 2021 trade mark application."
"Under the ruling, Oatly must cancel its UK trade mark registration for "POST MILK GENERATION" and cannot use the phrase to market dairy-free alternatives. However, because the regulation applies only to food products, the company is still permitted to sell pre-existing merchandise such as T-shirts bearing the slogan. The dispute reflects a broader regulatory framework under which certain food designations, including milk, cheese, butter and yoghurt, are legally reserved for animal-derived products."
The UK Supreme Court ruled that the term "milk" is a reserved designation that can only refer to animal-derived products, preventing Oatly from trademarking or using the slogan "post-milk generation" for plant-based dairy alternatives. The decision reinstates the UK Intellectual Property Office's 2021 refusal and requires Oatly to cancel its UK trade mark registration for "POST MILK GENERATION." The ruling allows the sale of non-food merchandise bearing the phrase but bars its use in marketing dairy-free products. The outcome reflects retained EU-derived food labelling rules in UK law and confirms alignment with EU standards for reserved food names.
Read at Business Matters
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