Danone sues Chobani over cold brew branding dispute

Danone argues that the similarities in packaging and slogan could mislead consumers, especially those making quick purchasing decisions.

FRANCE – Danone has filed a federal lawsuit against Chobani, accusing the dairy and beverage company of copying the tagline and packaging of one of its top-selling cold brew coffee products.

In the complaint filed in the USA District Court of New York, Danone alleges that Chobani engaged in knowing, calculated and systematic trademark infringement after it rebranded its La Colombe cold brew product with the same ‘Bright & Mellow’ slogan.

The suit goes on to claim that Chobani also redesigned its bottles to resemble the STōK packaging in a strikingly similar way.

“Not only did Chobani adopt a trademark that was exactly the same as the unique and distinctive BRIGHT & MELLOW trademark used by Danone in connection with ready-to-drink cold brew coffee products, but it significantly altered its product packaging at the same time to more closely match Danone’s distinctive packaging as well,” Danone stated. 

Chobani acquired La Colombe for US$900 million in 2023, and according to the filing, changed the name of a La Colombe product from Bright & Flavourful to Bright & Mellow shortly after the acquisition. The new labels now promote the drink as a ‘light roast’ rather than a ‘medium roast,’ another point of contention for Danone.

Danone claims that these changes are likely to confuse customers when the products are displayed side by side and, as such, is seeking an injunction to stop Chobani from using the name or similar packaging to the STōK product.

The complaint argues that hurried consumers would likely mistake La Colombe for STōK. The suit also demands reparations for a loss of profits.

This isn’t the first time two of the biggest food companies in the USA have duked it out in court. Danone has sued Chobani at least two other times in the last 10 years over its advertising claims.

In 2016, it convinced a USA court that Chobani’s “Simply 100” yoghurt falsely implied Danone’s Light and Fit contained chlorine. Danone unsuccessfully sued three years later over Chobani’s claims that its kids’ drinkable yoghurt had 33% less sugar.

Yoplait sues Danone over Skyr product dispute in Ireland

Recently, Yoplait Ireland filed a lawsuit against Danone in Ireland’s High Court, alleging that Danone imitated its Yoplait Skyr yogurt range. 

The legal action, lodged on April 11, claims Danone’s Light & Free Skyr products infringe on Yoplait’s brand identity, a practice known as “passing off.” 

This marks another chapter in the competitive dairy market, where both companies vie for dominance in the high-protein yogurt segment.

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