Brewing Conflict: The Intellectual Property Battle Over Cold Brew Branding

A Confluence of Giants: Yogurt Companies Clash Over Cold Brew

Two prominent entities known for their dairy products, Danone and Chobani, are now embroiled in a legal contention. The heart of this dispute lies in the branding of ready-to-drink cold brew coffee, specifically concerning the phrase \"Bright & Mellow.\"

Tracing the Roots of Discord: A History of Legal Challenges

Court documents reveal a pattern of previous legal confrontations between Danone and Chobani, with Danone or its affiliated companies initiating at least four lawsuits since 2012. These prior actions have frequently involved accusations of deceptive advertising, yielding varied outcomes.

The Genesis of the Current Lawsuit: A Post-Acquisition Trademark Claim

The latest legal action, lodged in a U.S. District Court, asserts that Chobani engaged in a deliberate and systematic infringement of Danone's intellectual property. This claim follows Chobani's substantial acquisition of La Colombe coffee company in 2023, a move that significantly expanded Chobani's presence in the coffee sector.

The Players Involved: Danone's Broad Portfolio and Market Presence

The lawsuit has been initiated by Danone US, the American division of the multinational food conglomerate Danone, which encompasses well-known yogurt labels such as Dannon and Oikos. Furthermore, Danone is the proprietor of the SToK brand of ready-to-drink cold brew, a direct competitor to La Colombe's products in major retail outlets.

Chobani's Position and the Allegations of Mimicry

Chobani, an American company that transitioned from its yogurt origins to expand into the beverage market, has yet to formally respond to the lawsuit. Danone alleges that subsequent to its acquisition of La Colombe, Chobani intentionally modified an existing cold brew product to imitate a SToK offering. This alleged imitation includes the adoption of a similar golden-yellow packaging hue and the use of the terms \"light roast\" and \"Bright & Mellow\" to describe the product. Danone contends that this packaging infringes upon its established trademarks associated with a SToK unsweetened cold brew that features a yellow label and prominently displays the \"Bright & Mellow\" descriptor.

The Conception of a Brand: Danone's Journey to \"Bright & Mellow\"

Danone US, in its legal submission, detailed the development process behind the \"Bright & Mellow\" designation in 2020. The company aimed to distinguish its lighter-roasted brew from rival products. Despite some consumer focus group feedback indicating confusion or a lack of strong appeal for the phrase, Danone proceeded with the \"Bright & Mellow\" label. The company maintained that the phrase conveyed desirable attributes and a positive taste experience, serving as a unique identifier in a crowded market, even if its uniqueness was sometimes perceived as a drawback by consumers seeking more direct product information.