By Jonathan Stempel
NEW YORK, July 27 (Reuters) – A federal judge on Monday rejected Chobani’s bid to dismiss a lawsuit by the parent of rival U.S. yogurt brand Dannon for allegedly copying the packaging and slogan for a competing line of ready-to-drink cold brew coffee.
U.S. District Judge Jennifer Rochon in Manhattan said Dannon parent Danone plausibly alleged that Chobani would confuse consumers by using a yellow-and-black color scheme and the slogan “Bright & Mellow” to sell La Colombe coffee.
Danone uses the same colors and slogan to sell SToK coffee.
Chobani and its lawyers did not immediately respond to requests for comment. Danone and its lawyers did not immediately respond to similar requests.
The lawsuit seeks unspecified damages, and changes to avoid confusion with the “Bright & Mellow” mark.
It is one of at least four lawsuits since 2016 between Danone and Chobani, two of the biggest sellers of Greek-style yogurt.
‘PLAUSIBLE INFERENCE OF BAD FAITH’
Without ruling on the merits, Rochon rejected Chobani’s argument that “Bright & Mellow” could not be trademarked because it was generic, or merely described coffee’s mouthfeel or taste.
She also said Danone’s allegations that Chobani copied its packaging and slogan to make La Colombe and SToK look similar on store shelves “support a plausible inference of bad faith.”
Chobani had also accused Danone of suing in an “opportunistic attempt to weaponize trademark law against a superior competitor.”
Last month, Danone sued Chobani for allegedly inflating protein claims on multiple-serving tubs of Chobani 20G Protein, making the yogurt seem more protein-rich than Danone’s Oikos Pro.
In a subsequent interview, Chobani founder and Chief Executive Hamdi Ulukaya accused Danone of “throwing things out there” to create damaging headlines.
“We never add external protein to our products,” Ulukaya said. “We will never mislead anybody.”
Chobani, based in New York, bought La Colombe for $900 million in December 2023. Danone is based in Paris, and its U.S. subsidiary is based in White Plains, New York.
(Reporting by Jonathan Stempel in New York; Editing by Matthew Lewis)
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