DWF, a leading global provider of integrated legal and business services, has successfully represented Dairy UK in a pivotal case against Oatly, resulting in a landmark decision by the Court of Appeal.

The Court of Appeal unanimously upheld the Intellectual Property Office’s initial declaration that Oatly’s trademark “Post Milk Generation,” intended for oat-based products, is invalid. This ruling affirms that legislation protecting the use of dairy-related terms, such as “milk,” extends to trademarks, setting a critical precedent for the industry.

The case revolved around the interpretation of the term “designation” within the legislation governing dairy terms. Dairy UK argued that trademarks fall under the scope of “designation,” ensuring that terms like “milk” remain exclusive to dairy products, except in specific exemptions. Oatly had claimed that trademarks were not covered by this legislation and that their slogan did not breach any regulations.

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 Commercial/IP 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.”