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Dive Brief:
Danone sued competitor Chobani for allegedly copying the slogan and packaging of its cold brew coffee line, calling it the latest “the latest in a long line of efforts on the part of Chobani to unfairly compete” with the Paris-based company.
The suit, filed in Manhattan federal court, claims Chobani’s La Colombe cold brew uses “strikingly similar” black-and-yellow packaging to Danone’s Stōk coffee. Chobani’s product also allegedly copied Danone’s “Bright & Mellow” slogan, the suit said.
Danone is requesting a judge to issue an injunction against Chobani to prevent the company from using the slogan. It’s also asking for monetary damages, including all of Chobani’s profits from selling the products that used the similar packaging.
Dive Insight:
This isn’t the first time two of the biggest food companies in the U.S. 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 U.S. court that Chobani’s “Simply 100” yogurt falsely implied Danone’s Light and Fit contained chlorine. Danone unsuccessfully sued three years later over Chobani’s claims that its kids’ drinkable yogurt had 33% less sugar.
In the latest lawsuit, Danone said Chobani’s improper use of its intellectual property was “knowing, calculated, and systematic.” Danone chose the “Bright & Mellow” slogan in January 2021 as a way to distinguish itself from Starbucks and La Colombe, which was an independent company at the time.
After Chobani bought La Colombe for $900 million in 2023, Danone claimed it started using a “Bright & Mellow” slogan on its coffee packaging. It also changed the product from “medium roast” to “light roast,” matching Danone’s offering, the suit claims.
Danone said Chobani has taken other steps to copy its packaging. Chobani’s high-protein Greek yogurt, for example, allegedly uses similar colors, fonts and graphics to Danone’s Oikos brand.
“Chobani’s actions enable and have already enabled Chobani to free ride on Danone’s reputation,” Danone said in the suit.
Chobani did not immediately respond to a request for comment.
As food giants combat declining sales, more companies have taken steps to preserve profits by protecting their brand equity. In May, snack maker Mondelēz International sued Aldi to force the grocer to stop using lookalike packaging for a number of private-label snacks such as Oreo and Chips Ahoy!
