Oatly has won a four-year legal battle against dairy trade association Dairy UK, over the right to use the marketing slogan ‘Post Milk Generation’.
The Swedish oat milk giant registered the slogan in 2019 to be used across a range of its products including its oat milks, crème fraiche alternatives and yogurts, as well as on T-shirts.
However, the trademark was contested by Dairy UK, which claimed that Oatly’s use of the word ‘milk’ violated 2013 European Court regulations restricting the use of dairy-related terms in the marketing of non-dairy products.
Dairy UK, which includes major dairy industry companies such as Arla and Lactalis among its members, argued that the term ‘milk’ must be reserved for marketing products made of “the normal mammary secretion”.
The trademark, originally granted by the Intellectual Property Office (IPO) was declared invalid earlier this year following a lengthy dispute – but the British High Court of Justice has now ruled that the trademark can be restored, on the basis that the use of the term ‘milk’ within the slogan is not used to describe the product itself and therefore is not at risk of confusing or deceiving consumers.
Court documents released following the hearing detail how the High Court judge Richard Smith ruled to allow Oatly’s appeal against the IPO’s decision, stating that the mark was not being used to “define, designate, describe or name any food, foodstuff or food product”.
Oatly’s successful argument highlighted that the use of ‘milk’ in the slogan alludes to the attitudes of the potential consumer, rather than alluding to the characteristics of the goods themselves – the slogan intends to say that the goods are for those who have “moved on from conventional milk” and are for “consumers of a post-milk generation.”
Bryan Carroll, general manager, Oatly UK & Ireland, told The Plant Base: “We’re pleased the appeal to the Intellectual Property Office was approved, and that the Post Milk Generation is alive and well. Our mission is to make it easier for people to live healthier lives without recklessly taxing the planet’s resources and we will continue to challenge rulings and legislation such as this to seek a more level playing field for plant-based products.”
The win from Oatly follows a series of developments in plant-based labelling restrictions this year, including the tabling of bans on meat- and dairy-related terms in Italy, Poland and France.
