Abstract of Oatly commerce mark case
- Oatly loses UK commerce mark case over Put up Milk Technology slogan
- Courtroom guidelines milk terminology restricted completely to real dairy merchandise
- Judges say slogan references folks not product options permitted legally
- Choice permits slogan use on merchandise however bans meals purposes
- Oatly claims ruling creates confusion and strengthens benefits for Huge Dairy
One of many largest names in alt dairy has misplaced a commerce mark case within the UK. Based on at the moment’s judgement, Oatly can now not use its famed slogan “Put up Milk Technology” for oat-based drinks or meals.
The case was introduced in opposition to the oat drink firm by Dairy UK, an trade physique headed by executives at among the nation’s largest gamers in dairy: Arla Meals UK, Lactalis McLelland, and Leprino Meals.
Dairy UK is “delighted” by the judgement, however Oatly contends it’s “not within the pursuits of the British public”.
Why Oatly misplaced the ‘milk’ commerce mark case
The case pertains to a commerce mark software Oatly filed again in 2021, which sought to register “Put up Milk Technology” to be used on oat-based merchandise and merchandise.
Inside months, Dairy UK was difficult the commerce mark, because the phrase “milk” is banned for non-dairy merchandise in EU and UK regulation. Based on laws, solely dairy milk and dairy merchandise may be described utilizing “milk” – the exception being if the time period is clearly getting used to explain a attribute of a non-dairy product.
The query for the Supreme Courtroom was due to this fact: is “Put up Milk Technology” utilizing “milk” as a designation which the regulation doesn’t permit? Based on the choose, it’s.
It doesn’t matter that Oatly isn’t attempting to name oat drink “milk” – the slogan is linked with a meals product, so the rule applies.
But when “milk” is a function of the oat drink, may it’s allowed?
Based on EU and UK regulation, “milk” and “milky” can be utilized to explain a function of a meals or drink. “Milk-free”, for instance, passes.
However on this case, the Courtroom dominated the slogan doesn’t do that clearly, since “Put up Milk Technology” refers predominantly to folks and to not the drink itself. Because of this, it’s not interpreted as a reality concerning the product.
Finally, its use is deemed too oblique and obscure.
The ultimate final result is that Oatly can’t use “Put up Milk Technology” as a commerce mark for its oat-based foods and drinks within the UK. However it will possibly proceed to make use of the slogan for non-food merchandise, the place dairy guidelines don’t apply.
The winners and losers of a “milk” ban
For Dairy UK, the commerce physique that introduced the case to courtroom, the judgement is an apparent win. “This ruling is a crucial choice for the sector because it lastly offers readability on how dairy phrases can – and can’t – be utilized in branding and advertising,” says Dairy UK CEO Dr Judith Bryans.
The dairy trade, like meat, has lengthy contended that utilizing dairy-related or “meaty” phrases for plant-based options confuses shoppers. And that’s what Dr Bryans factors to at the moment, stressing that long-established dairy phrases can proceed to hold “clear that means” for shoppers.
However for Oatly, the choice creates “pointless confusion” – and an “uneven taking part in discipline for plant-based merchandise that solely advantages Huge Dairy”.
Rebranding may also include important prices – making the choice even tougher for the alt dairy firm to swallow.
