Oat-based products cannot be sold as 'milk', court rules
The UK Supreme Court unanimously invalidated Oatly's trademark for 'Post Milk Generation,' ruling it fails to clearly describe oat-based products as milk-free, restricting its use on food and drink.
- On Wednesday, five justices of the UK’s highest court ruled the 'Post Milk Generation' trademark invalid, as Dairy UK argued and the court found it does not clearly describe a characteristic of oat-based products.
- The Court of Appeal overturned Oatly's challenge after the IPO declared the trademark invalid in January 2023 and the High Court allowed the challenge in December 2023.
- The High Court ruled the phrase did not market products 'as any particular product, let alone as milk', and `does not clearly describe a characteristic quality of the goods in question`, judges found.
- Following the decision, both the dairy trade body and Oatly issued contrasting statements: Dairy UK argued the trademark failed to show products were milk-free, while Bryan Carroll said Oatly was `deeply disappointed` and called the ruling `a way to stifle competition`.
- Oatly appealed to the UK’s highest court in December last year, which delivered a unanimous ruling this week limiting use of 'milk' in non-dairy branding.
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The term "after-milk generation" was prohibited after the representative of the United Kingdom milk producers has considered the use of the term "milk" in a poultry-based product.
UK Supreme Court: oat milk can't be called milk
In a big win for the local dairy industry, the United Kingdom's Supreme Court today affirmed a law that "milk" refers only to the stuff that comes out of animals. It ruled against the oat milk brand Oatly, effectively banning the marketing of dairy-free alternatives as "milk." — Read the rest The post UK Supreme Court: oat milk can't be called milk appeared first on Boing Boing.
Oat-based products cannot be trademarked as ‘milk’, Supreme Court rules
The Swedish company had been in a legal battle with Dairy UK, the trade association for the UK dairy industry.
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