Chobani Is Unable to Resolve the Cold-Brew Coffee Case Against Danone

On Monday, a federal judge denied Chobani’s request to have a lawsuit filed by the parent company of rival American yogurt brand Dannon dismissed. The lawsuit claimed that Chobani had copied the packaging and slogan of a competitor line of cold brew coffee that was ready to drink.

U.S. District Judge Jennifer Rochon in Manhattan stated that Chobani’s use of a yellow-and-black color scheme and the term “Bright & Mellow” to market La Colombe coffee would likely confuse consumers, according to Dannon parent Danone (DANO.PA).

Danone sells SToK coffee using the same colors and tagline.

Requests for response were not immediately answered by Chobani or its attorneys. Similar demands were not immediately answered by Danone or its attorneys.

Unspecified damages and modifications to prevent confusion with the “Bright & Mellow” brand are sought in the case.

Since 2016, Danone and Chobani, two of the largest manufacturers of Greek-style yogurt, have been involved in at least four lawsuits.

Rochon dismissed Chobani’s claim that “Bright & Mellow” could not be trademarked since it was generic or only characterized the mouthfeel or taste of coffee without making a decision on the merits.

Additionally, she stated that Danone’s claims that Chobani imitated its slogan and packaging to make La Colombe and SToK appear comparable on store shelves “support a plausible inference of bad faith.”

Additionally, Chobani claimed that Danone’s lawsuit was a “opportunistic attempt to weaponize trademark law against a superior ⁠competitor.”

Danone filed a lawsuit against Chobani last month for allegedly misrepresenting the protein content of multiple-serving tubs of Chobani 20G Protein, giving the impression that the yogurt was higher in protein than Danone’s Oikos Pro.

Hamdi Ulukaya, the CEO and founder of Chobani, accused Danone of “throwing things out there” to generate negative headlines in a later interview. Ulukaya stated, “We never add outside protein to our goods. “We will never mislead ⁠anybody.”

In December 2023, New York-based Chobani paid $900 million to acquire La Colombe. Danone’s U.S. subsidiary is located in White Plains, New York, while its headquarters are in Paris.