Partner Claire Breheny and Trainee Trade Mark Attorney Tanya Rahman have been featured in The Trademark Lawyer magazine with their article, “No skimming the rules: how the Oatly case reshapes the terminology in a dairy-free and plant-based world.”
In February 2026, the UK Supreme Court ruled to invalidate Oatly’s trade mark, POST MILK GENERATION, after an enduring dispute between Oatly and Dairy UK. The court agreed with Dairy UK’s claim that the phrase violates Part III of Annex VII of EU Regulation 1308/2013 (which is now part of UK law). The Regulation states that dairy terms, such as “milk”, can only be used for products which are animal-derived.
The article analyses in depth the previous developments in Dairy UK Ltd v. Oatly AB, as well as the Supreme Court’s recent decision, and explores how this decision will shape branding strategies among plant-based products in the future.
Read the article in full here.
