NIPC Law

Author  Tiia Monto   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Supreme Court (Lord Hodge, Lord Briggs, Lord Hamblen, Lord Burrows and Lord Stephens)  Dairy UK Ltd v Oatly AB [2026] UKSC 4 (11 Feb 2026) This was an appeal by Oatly AB ("Oatly") against the decision of the Court of Appeal in Dairy UK Ltd v Oatly AB [2024] EWCA Civ 1453 (29 Nov 2024) to set aside that of Mr Justice Richard Smith in  Oatly AB v Dairy UK Ltd [2023] EWHC 3204 (Ch) (14 Dec 2023) and restore the decision of Mrs Judi Pike on behalf of the Registrar of Trade Marks in Dairy UK Ltd v Oatley AB BL O/0049/23 17 Jan 2023. The Mark The mark in suit was POST MILK GENERATION which Oatley registered as a UK trade mark under trade mark number UK3445440  for  T-shirts in class 25,  oat‐based drinks as milk substitutes, oat‐based yoghurt substitute, oat‐based crème fraiche, oat‐based cooking cream and creamer in class 29,  oat‐based vanilla sauce ...

    Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC)  Oatly AB and another v Glebe Farm Foods Ltd [2021] EWHC 2189 (IPEC) 5 Aug 2021 This was an action for trade mark infringement and passing off. There had been a counterclaim for a declaration of invalidity but that appears not to have been pursued at trial.   The action came on for trial before Mr Nicholas Caddick QC on 9 and 10 June 2021.  He delivered judgment on 5 Aug 2021 ( Oatly AB and another v Glebe Farm Foods Ltd  [2021] EWHC 2189 (IPEC)).  By para [117] of his judgment, he dismissed the claims for trade mark infringement and passing off. The Claim The action was brought by the Swedish company Oatly AB and its wholly-owned British subsidiary Oatly UK Ltd.  Oatly AB marketed a milk substitute made from oats under the following marks: Mark Number Goods OATLY 009001626233 Class 29: oat-based food beverages used as a milk substitute; milk substitutes conta...