NEW YORK, Oct 7 (Reuters) - Chobani urged a U.S. judge

to dismiss a lawsuit by Danone, the parent of rival U.S. yogurt

brand Dannon, claiming it copied the packaging and "Bright &

Mellow" slogan for a competing line of ready-to-drink cold brew

coffee.

Danone accused Chobani in July of "knowing,

calculated, and systematic" trademark infringement for selling

La Colombe coffee, whose yellow-and-black packaging looked

similar to its own SToK coffee and would confuse consumers.

In a late Monday filing in Manhattan federal court, Chobani

said it made fair use of "bright" and "mellow."

It called the words generic terms that describe flavors that

coffee drinkers might expect and cannot be trademarked.

Chobani also said consumers could use "Bright & Mellow" to

distinguish that variety of SToK coffee from "Bold & Smooth" and

"Extra Bold" varieties. It said there was no evidence that

consumers associated the phrase with Danone.

"The term 'Bright & Mellow' simply tells consumers that the

La Colombe product is a bright and mellow coffee," Chobani said.

"Danone's lawsuit is an opportunistic attempt to weaponize

trademark law against a superior competitor."

Neither Danone nor its lawyers immediately responded on

Tuesday to requests for comment.

The lawsuit is at least the third between Danone and Chobani

in the last decade.

Chobani, based in Norwich, New York, bought La Colombe for $900

million in December 2023. Danone is based in Paris, and its U.S.

unit is based in White Plains, New York.

The case is Danone US LLC et al v Chobani LLC, U.S. District

Court, Southern District of New York, No. 25-06217.