Chobani Fights Back: Seeks Dismissal of Danone's 'Bright & Mellow' Trademark Lawsuit
Chobani Fights Back: Seeks Dismissal of Danone's 'Bright & Mellow' Trademark Lawsuit
Introduction
Chobani has urged a federal judge to dismiss a lawsuit filed by Danone, the parent company of Dannon, alleging trademark infringement over the "Bright & Mellow" slogan for its La Colombe coffee products.
Factual Background
The dispute began when Danone accused Chobani of "knowing, calculated, and systematic" trademark infringement, citing similarities between La Colombe's yellow-and-black packaging and Danone's SToK coffee. Chobani acquired La Colombe for $900 million in December 2023.
Procedural Background
Danone filed the lawsuit in the U.S. District Court, Southern District of New York, alleging trademark infringement. Chobani responded by filing a motion to dismiss the lawsuit.
Issues
- Trademark Infringement: Whether Chobani's use of the "Bright & Mellow" slogan constitutes trademark infringement.
- Fair Use: Whether Chobani's use of the terms "bright" and "mellow" is fair use.
Contentions of the Parties
Chobani's Contention: Chobani argued that the terms "bright" and "mellow" are generic and describe flavors that coffee drinkers would expect, making them impossible to trademark. It also argued that there's no evidence that consumers associate the phrase "Bright & Mellow" with Danone.
Danone's Contention: Danone alleged that Chobani's use of the "Bright & Mellow" slogan and similar packaging constitutes trademark infringement.
Reasoning and Analysis
Chobani argued that the terms "bright" and "mellow" are descriptive and cannot be trademarked. It also argued that its use of the phrase "Bright & Mellow" is fair use and does not confuse consumers.
Decision
The court has not yet ruled on Chobani's motion to dismiss the lawsuit.
Implications
The outcome of this case will determine whether Chobani's use of the "Bright & Mellow" slogan constitutes trademark infringement. The case highlights the importance of trademark protection in the competitive beverage industry.
