Danone has embarked on legal action in the US against rival dairy group Chobani, over the packaging and marketing of the companies’ cold-brew coffee products.
The lawsuit, filed in New York, alleges Chobani’s La Colombe cold brew uses packaging and a slogan “strikingly similar” to Danone’s Stok coffee.
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According to the filing, Chobani’s product allegedly mimics Danone’s “Bright & Mellow” slogan.
The French food and drinks giant said Chobani’s infringement of its intellectual property rights has been “knowing, calculated, and systematic”.
“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,” it added.
The “actions enable and have already enabled Chobani to free ride on Danone’s reputation and goodwill”, the Activia brand owner said.
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By GlobalDataChobani did not respond to Just Drinks’ requests for comment.
Danone said: “We stand by the Stok Cold Brew Coffee brand that we have built and will not comment further on this active litigation.”
The legal confrontation is not unprecedented, as Danone has previously sued Chobani at least twice in the past decade over advertising claims.
Danone’s latest complaint states it began using “Bright & Mellow” in January 2021 to set itself apart from competitors such as Starbucks and La Colombe.
It goes on to say that, after Chobani acquired La Colombe for $900m in December 2023, the US company replaced La Colombe’s “Bright & Flavorful” with “Bright & Mellow” on its coffee packaging.
The changes are “likely to cause, have caused, and will continue to cause confusion, mistake, and deception in the minds of consumers”, particularly in retail outlets such as Kroger, Target, and Walmart.
Danone argues the similarities in packaging and slogan could mislead consumers, especially those making quick purchasing decisions.
It is seeking a court injunction to prevent Chobani from using the slogan and demands monetary damages, including profits from the sales of the contested products.
