Overview
- Five justices unanimously invalidated Oatly’s “Post Milk Generation” trademark for oat-based food and drink on 11 February.
- The court found the phrase did not clearly describe a product characteristic and instead functioned as a designation referencing milk or a targeted consumer group.
- Judges confirmed that protected dairy designations cannot be used to market non‑animal products, increasing risk for labels such as “oat milk” or “plant‑based cheese.”
- Legal advisers say producers should switch to terms like “oat drink” or “plant‑based drink” to avoid regulatory challenge.
- Oatly said it was deeply disappointed and called the decision a win for “Big Dairy,” while Dairy UK welcomed clearer rules; the slogan may still be used on merchandise like T‑shirts.