Explore the latest developments concerning Concern in Australia.
Don't Cry Over Spilt "Milk": Key Takeaways From The Oatly Supreme Court Trade Mark Ruling
On 11 February 2026, the Supreme Court found in favour of Dairy UK Limited (“Dairy UK”), concluding its lengthy dispute with Oatly AB (“Oatly”) concerning the registration and use of Oatly's trade mark POST MILK GENERATION.
Oatly obtained a UK trade mark registration for POST MILK GENERATION in April 2021, covering oat-based food and drink goods in Classes 29, 30 and 32, and t-shirts in Class 25.
In November 2021, the trade association for the UK dairy industry, Dairy UK, sought to invalidate the registration on the basis that the mark was a) deceptive and b) prohibited under EU Regulation 1308/2013 establishing a common organisation of the markets in agricultural products (“the Regulation”), which, inter alia, regulates the use of dairy terms such as milk, cheese and butter.
Exclusive interview: ‘Oatly decision is an aid to brands, not a challenge’
Fresh from representing Dairy UK in its trademark victory against oat drink brand Oatly, DWF’s Asima Rana tells Muireann Bolger why this ‘polarising’ case brings clarity, not confusion, for brands.
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