NEW YORK, July 29 (Reuters) - The maker of Dannon yogurt
sued rival Chobani on Tuesday for allegedly copying its "Bright
& Mellow" slogan and yellow-and-black packaging for a competing
line of ready-to-drink cold brew coffee.
Danone said Chobani engaged in "knowing,
calculated, and systematic" trademark infringement by using
packaging for La Colombe-branded coffee that was "strikingly
similar" to packaging for its own SToK coffee.
The lawsuit is at least the third between Danone and Chobani
in the last decade.
In its complaint in Manhattan federal court, Danone said it
began using "Bright & Mellow" in January 2021 to distinguish
itself from Starbucks ( SBUX ) and then-independent La Colombe,
which emphasized roast levels and coffee bean origins.
It said that after buying La Colombe for $900 million in
December 2023, Chobani substituted "Bright & Mellow" for that
brand's "Bright & Flavorful" on coffee packaging, and now calls
the product "light roast" instead of "medium roast."
Danone said this inevitably causes consumer confusion,
especially among hurried shoppers scanning shelves in their
local Kroger ( KR ), Target ( TGT ) or Walmart ( WMT ).
The changes will "cause severe and irreparable harm to
Danone and the goodwill it has built up in the Bright & Mellow
mark over the past four and a half years," Danone said.
Chobani did not immediately respond to requests for comment.
Danone is based in Paris. Its U.S. unit is based in White
Plains, New York, while Chobani is based in upstate Norwich, New
York.
The lawsuit seeks an injunction to stop Chobani from selling
products that could cause confusion, plus lost profits and
triple damages.
The case is Danone US LLC et al v Chobani LLC, U.S. District
Court, Southern District of New York, No. 25-06217.