Food & Beverage

Supreme Court convicts NotCo of unfair competition: the NotMilk trademark survives, but the word "milk" and all the dairy imagery leave the package

The Supreme Court convicted NotCo of unfair competition for using the word “milk” and visual elements typical of the dairy industry on the packaging and advertising of NotMilk, ordering it to cease such use and prohibiting any labeling or image that misleads about the plant-based nature of the product; the NotMilk trademark remains registered, but its use must avoid associations with animal milk, while plant-based food companies must audit packaging, messaging, and shelf placement to avoid incurring in similar practices.