Dairy UK Ltd (Respondent) v Oatly AB (Appellant) UKSC/2025/0004

Michael Edenborough KC and Niamh Herrett act for Oatly AB, which has been granted permission to appeal by the Supreme Court.

The case concerns the validity of the trade mark ‘Post Milk Generation’, the proprietor of which is the well-known oat drink brand Oatly. The mark was challenged by the trade association for the UK dairy industry under sections 3(3)(b) and 3(4) of the Trade Marks Act 1994.

The proceedings have already been ventilated in the UK IPO O/0049/23, the High Court [2023] EWHC 3204 (Ch), and the Court of Appeal [2024] EWCA Civ 1453. The s.3(3)(b) ground (deceptiveness) failed before the registry.

The remaining ground is whether the trade mark is prohibited by Article 78 and Part III of Annex VII of Council Regulation 1308/2013/EU, which regulates (inter alia) the use of terms such as 'milk', 'butter', 'cream' etc. when used in relation to products that do not contain dairy products. This case is of great importance to the general public, retailers and manufacturers in the growing dairy-alternative food and drink market.

Michael Edenborough KC and Niamh Herrett are instructed by Shakespeare Martineau LLP and Boult Wade Tennant LLP.

Related Barristers

Michael Edenborough KC

Call: 1992
Silk: 2010

Niamh Herrett has a broad commercial and chancery practice, with particular interest in private client trusts and probate, commercial disputes, and intellectual property. She is identified as a ‘Rising Star’ in the Legal 500 and, since joining Chambers in October 2022, has appeared in the High Court, Court of Appeal and Supreme Court.

Niamh spent her first six months in practice on secondment to Farrer & Co’s contentious trusts team, where she worked on complex, high-profile private client trusts and probate matters. She enjoys advising clients in her sole capacity, as well as working as part of a larger counsel team.

Before joining Serle Court, Niamh studied law at Merton College, Oxford, graduating with a first-class undergraduate degree and a Distinction in the BCL, receiving numerous academic scholarships and prizes. During her BPC year, Niamh was a Guest Teacher at the London School of Economics and Political Science, where she taught undergraduate seminars on the Property II course (Land and Trusts).