As dairy-free consumption grows across Europe, the battle over Oatly’s branding intensifies. Vegan milk alternative Oatly can no longer call its products milk, British judges have decided.
The Court of Appeal in London ruled this week that the word milk can only be applied to animal-based products - ones derived from “normal mammary secretion,” according to the judgment.The verdict is a major setback for the Swedish maker of plant-based consumer products. Oatly had been in a long-running lexical dispute with trade body Dairy UK, who argued that the slogan, ‘Post Milk Generation’, was misleading to consumers.
While the legal battle has been settled, the row appears to be far from over.
What just happened? Oatly’s ‘milk’ dilemma in a nutshell
In 2019, Oatly applied to trademark the slogan ‘Post Milk Generation’. Last year, the UK’s Intellectual Property Office (IPO) denied the company’s application, claiming it was “deceptive” - an argument advanced by Dairy UK.
EU regulations from 2013 also restrict the use of the word ‘milk’ in the marketing and packaging of dairy-free products. When its trademark application was denied, Oatly appealed, claiming the ruling was wrong because consumers would not be confused by its use of ‘milk’ in branding and packaging.
But now the final decision has been delivered by UK courts: Oatly can no longer use the word ‘milk’.
In 2019, Oatly applied to trademark the slogan ‘Post Milk Generation’. Last year, the UK’s Intellectual Property Office (IPO) denied the company’s application, claiming it was “deceptive” - an argument advanced by Dairy UK.
EU regulations from 2013 also restrict the use of the word ‘milk’ in the marketing and packaging of dairy-free products. When its trademark application was denied, Oatly appealed, claiming the ruling was wrong because consumers would not be confused by its use of ‘milk’ in branding and packaging.
But now the final decision has been delivered by UK courts: Oatly can no longer use the word ‘milk’.
Plant-based beverage consumption on the rise in the UK
This ruling is in contrast to consumer trends favouring dairy-free and plant-based products.
Nearly 25 per cent of Britons used plant-based milk alternatives in 2019, the research firm Mintel reported. This year, 56 per cent of UK consumers said they were willing to drink less dairy, according to London-based environmental charity Hubbub.
“Apparently, [the judges] think people might confuse oats with cows. Or imagine cow-shaped oats? Who knows,” Alex Robinson, CEO of Hubbub, wrote on LinkedIn. More of this article (Euro News) - link - more like this (milk) - link - more like this (not milk) - link
This ruling is in contrast to consumer trends favouring dairy-free and plant-based products.
Nearly 25 per cent of Britons used plant-based milk alternatives in 2019, the research firm Mintel reported. This year, 56 per cent of UK consumers said they were willing to drink less dairy, according to London-based environmental charity Hubbub.
“Apparently, [the judges] think people might confuse oats with cows. Or imagine cow-shaped oats? Who knows,” Alex Robinson, CEO of Hubbub, wrote on LinkedIn. More of this article (Euro News) - link - more like this (milk) - link - more like this (not milk) - link
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