Oatly lost rights to call its vegan drinks ‘milk’
18th December 2024
A plant-based drink company, Oatly, has lost the right to call its vegan drinks ‘milk’ following a court battle.
The British dairy industry has been celebrating after the Court of Appeal has ruled that only animal products can be commercially called ‘milk’.
Therefore, all of its vegan substitutes have to stick to different names.
Oatly had previously won a dispute to call its plant-based drinks a ‘Post Milk Generation.’
Dairy UK argued that it was unlawful to use the term ‘milk’ in the company’s trademark, which resulted in the overturning of the High Court’s previous decision.
‘Legal protection of dairy terms’
Dr Judith Bryans, chief executive of Dairy UK, said: “We’re delighted that the Court of Appeal has ruled in favour of Dairy UK in the case regarding the trademark ‘Post Milk Generation’.
“This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trademark invalid for oat-based products.”
“This ruling clarifies the legal protection of dairy terms, according to which the term ‘milk’ is reserved for dairy milk, except in defined circumstances.
“At the heart of the legal matter was whether these rules extend to trademarks, and the Court of Appeal has now confirmed this to be the case.”
According to the Daily Mail, Oatly’s British and Irish manager Bryan Carroll commented on the ruling: ‘Disappointingly, this ruling overturns the common sense we saw from the High Court earlier this year when they ruled in our favour,’ he said.
“Be under no illusion that making it harder to label and find dairy alternatives benefits the interests of Big Dairy and Big Dairy alone.”
Read more livestock news.
