In the UK, a Big Win for 'Big Dairy'

Oatly just learned there are limits on how cheeky you can get with the term "milk" in Britain. The UK's high court has barred the Swedish company from using or trademarking its "Post Milk Generation" slogan, ruling that the word "milk" in this context is off-limits for plant-based products, reports the Guardian. Under current regulations, terms like "milk," "wine," and "olive oil" are legally reserved for the products they literally describe—and milk, in particular, must come from animals.

The BBC notes that, because the court's decision applies only to food products, Oatly can still sell T-shirts it's been making with the "Post Milk Generation" slogan on them. Dairy UK, which challenged Oatly's trademark application for the slogan, called the unanimous ruling a win for "clarity," saying it protects long-standing dairy terms while still allowing lawful descriptions of alternatives, per the Guardian. Oatly countered that the decision is anti-competitive and favors what it called "Big Dairy," arguing the ruling will confuse shoppers and hamper plant-based rivals.

An attorney tells the Telegraph that the court's decision "will pose a particular problem for Oatly, since part of their marketing strategy has been to compare their products favorably to, and at times disparage, dairy." Plant-based drink makers are now being warned to stick to labels like "oat drink" or "plant-based drink" and to also avoid "category borrowing" from protected terms such as "cream," "butter," "cheese," and "yogurt," per the Guardian. The ruling could also embolden challenges to Oatly trademarks in other European markets.