Vegan brand Oatly cannot use the term 'milk' in the marketing of its oat-based drinks, the Court of Appeal has decided.
Judges unanimously concluded that the Swedish firm cannot use its 'Post Milk Generation' trademark on product packaging in the UK.
The court said that the term 'milk' is a legally protected term reserved solely for the dairy sector.
At the heart of the legal matter was whether these rules extended to trademarks, and the court confirmed this to be the case.
The case goes back to 2019, when Oatly attempted to trademark the slogan 'Post Milk Generation' with the UK Intellectual Property Office (IPO).
Dairy UK, a trade association representing dairy farmers, argued that the use of 'Post Milk Generation' was in violation of legislation as it could confuse consumers.
Speaking about the new Court of Appeal ruling, the association said was 'delighted' that judges had sided in favour of the dairy sector.
Dr Judith Bryans, chief executive of Dairy UK said: "This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trade mark invalid for oat-based products.”
