Danone US, LLC and its subsidiary WhiteWave Services Inc. have issued a claim against Chobani LLC over the latter’s use of identical packaging and the tagline “Bright and Mellow” on ready-to-drink cold coffee. Danone US, who sell cold coffee through their “SToK Cold Brew” range, have claimed that Chobani LLC’s use of yellow packaging and the slogan “Bright and Mellow” on their “La Colombe” range has infringed upon the trade mark for the slogan and is riding on the goodwill created from the ‘SToK’ range.
This follows Chobani LLC’s $900 million acquisition of the La Colombe cold coffee range, with Chobani LLC subsequently implementing various changes to the bottle shape, packaging colour, the layout of the labels on the bottles and the degree to which the La Colombe coffee is roasted. Danone US claims that all of these factors are causing consumer confusion.
Danone US is currently seeking a permanent injunction and monetary damages from Chobani LLC, with the matter progressing through the US District Court for the Southern District of New York.
With this matter set to go either-way at trial, it serves as a reminder to protect your brand identity and to ensure that consumers know exactly what they’re getting when they engage with your goods and services.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
