The Court of Appeal unanimously ruled in favour of Dairy UK, confirming the Intellectual Property Office’s original declaration that Oatly's trademark "Post Milk Generation", which had been intended for use on oat-based products, is invalid. This decision clarifies the scope of the legislation protecting the use of certain dairy terms and confirms that it does extend to trademarks.
The case focused on the meaning of the term "designation" in legislation protecting dairy terms. Dairy UK argued that "designation" includes trademarks, meaning terms like "milk" should only be used for dairy products, except in specific situations. Oatly contended that trademarks were not included in the legislation i and that their slogan was therefore not in violation.
Agreeing with Dairy UK’s position that “designation” includes trademarks, the Court of Appeal rejected Oatly’s arguments. The Court also determined that the exception in the legislation for designations describing a product’s characteristic quality did not apply to this case, as the trademark referred to the characteristics of its consumers rather than the products themselves.
Dairy UK and Oatly will now address any consequential matters arising from the judgment.
The DWF team advising Dairy UK was led by Director in the Intellectual Property team, Asima Rana, supported by Associate Jake Slinger and counsel, Tom Moody-Stuart KC of 8 New Square.
Commenting on the judgment, Asima said: "We are delighted to have advised Dairy UK on this significant case and to have supported them in achieving a successful outcome."
Judith Bryans, Chief Executive of Dairy UK, added: "This judgment is a landmark decision for the dairy industry, providing much-needed clarity on the legal protections surrounding dairy terms. We are pleased with the Court of Appeal's unanimous ruling, and we are grateful to our legal advisors at DWF for their expertise and support throughout this case."
