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Oatly loses Supreme Court battle over ‘milk’ trademark

Oatly has lost a long-running legal dispute
Oatly has lost a long-running legal dispute (Getty)
  • The UK's Supreme Court has unanimously ruled against Oatly's use of the trademark "Post Milk Generation" for its plant-based products, siding with Dairy UK.
  • The long-running legal dispute centred on whether the term "milk" could legitimately be applied to oat-based alternatives.
  • The case progressed through several courts, with the Intellectual Property Office initially deeming the trademark invalid, a decision overturned by the High Court and subsequently reinstated by the Court of Appeal.
  • A panel of five Supreme Court justices confirmed the trademark's invalidity, saying that it primarily described targeted consumers rather than clearly defining a characteristic quality of the product.
  • Oatly expressed deep disappointment with the ruling, arguing it creates an uneven playing field for plant-based products and stifles competition in the market.
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