Summary of Oatly trade mark case
- Oatly loses UK trade mark case over Post Milk Generation slogan
- Court rules milk terminology restricted exclusively to genuine dairy products
- Judges say slogan references people not product features permitted legally
- Decision allows slogan use on merchandise but bans food applications
- Oatly claims ruling creates confusion and strengthens advantages for Big Dairy
One of the biggest names in alt dairy has lost a trade mark case in the UK. According to today’s judgement, Oatly can no longer use its famed slogan “Post Milk Generation” for oat-based drinks or foods.
The case was brought against the oat drink company by Dairy UK, an industry body headed by executives at some of the nation’s biggest players in dairy: Arla Foods UK, Lactalis McLelland, and Leprino Foods.
Dairy UK is “delighted” by the judgement, but Oatly contends it’s “not in the interests of the British public”.
Why Oatly lost the ‘milk’ trade mark case
The case relates to a trade mark application Oatly filed back in 2021, which sought to register “Post Milk Generation” for use on oat-based products and merchandise.
Within months, Dairy UK was challenging the trade mark, since the word “milk” is banned for non-dairy products in EU and UK law. According to legislation, only dairy milk and dairy products can be described using “milk” – the exception being if the term is clearly being used to describe a characteristic of a non-dairy product.
The question for the Supreme Court was therefore: is “Post Milk Generation” using “milk” as a designation which the law doesn’t allow? According to the judge, it is.
It doesn’t matter that Oatly isn’t trying to call oat drink “milk” – the slogan is connected with a food product, so the rule applies.
But if “milk” is a feature of the oat drink, could it be allowed?
According to EU and UK law, “milk” and “milky” can be used to describe a feature of a food or drink. “Milk-free”, for example, passes.
But in this case, the Court ruled the slogan does not do this clearly, since “Post Milk Generation” refers predominantly to people and not to the drink itself. As a result, it’s not interpreted as a fact about the product.
Ultimately, its use is deemed too indirect and obscure.
The final outcome is that Oatly cannot use “Post Milk Generation” as a trade mark for its oat-based food and drink in the UK. But it can continue to use the slogan for non-food products, where dairy rules don’t apply.
The winners and losers of a “milk” ban
For Dairy UK, the trade body that brought the case to court, the judgement is an obvious win. “This ruling is an important decision for the sector as it finally provides clarity on how dairy terms can – and cannot – be used in branding and marketing," says Dairy UK CEO Dr Judith Bryans.
The dairy industry, like meat, has long contended that using dairy-related or “meaty” terms for plant-based alternatives confuses consumers. And that’s what Dr Bryans points to today, stressing that long-established dairy terms can continue to carry “clear meaning” for consumers.
But for Oatly, the decision creates “unnecessary confusion” – and an “uneven playing field for plant-based products that solely benefits Big Dairy”.
Rebranding can also come with significant costs – making the decision even harder for the alt dairy company to swallow.
