Milk verdict leaves Oatly feeling sour

OAT drink company Oatly has lost a Supreme Court battle over whether it can use the word “milk” to describe some of its products.

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The Swedish company had been in a legal battle with Dairy UK, the trade association for the UK dairy industry, for several years over whether its trademark for the phrase “Post Milk Generation” was invalid.

The row centred on whether the word “milk” could be used to describe oat-based products.

In 2023, the High Court allowed Oatly’s challenge against the decision of the Intellectual Property Office (IPO) that the trademark was invalid, but this was overturned by the Court of Appeal in 2024.