Ready-to-drink coffee has become one of the fastest-growing segments in the beverage industry, with both legacy brands and newcomers angling for a share of the $1.3 billion U.S. cold brew market. This high-stakes category is home to a fresh legal clash, with Danone US, LLC and its subsidiary WhiteWave Services, Inc. (“Danone”) suing Chobani, LLC over its alleged efforts to “misappropriate Danone’s intellectual property, trade on Danone’s goodwill and reputation, and undermine Danone’s market position by using the exact same branding on the exact same product type sold through the exact same channels of trade.”
At the heart of the trademark infringement and unfair competition dispute – which is set to play out before the U.S. District Court for the Southern District of New York – is the name “Bright & Mellow.” According to Danone’s July 29 complaint, the name is a distinctive trademark and a centerpiece of its SToK Cold Brew line. The problem, it claims Danone, is that Chobani – through its La Colombe brand – has adopted the same “Bright & Mellow” mark. Beyond that, Danone alleges that Chobani has also adopted copycat packaging elements for its coffee product, including the golden yellow bottle and a vertical “unsweet” stripe, creating a risk of consumer confusion in a competitive market.
Copycat Branding & La Colombe
The clash follows Chobani’s $900 million acquisition of La Colombe in 2023, with Danone alleging that Chobani, whose own cold brew efforts had previously failed, is now using La Colombe to directly compete by free-riding on the success and consumer goodwill of SToK’s top-selling products. Before the acquisition, La Colombe labeled its yellow cold brew “Bright & Flavorful,” but after Chobani took over, that descriptor was allegedly swapped for “Bright & Mellow,” alongside changes to bottle color, layout, and roast level – all of which, Danone claims, contribute to consumer confusion.
Danone is seeking a permanent injunction and monetary damages, arguing that Chobani’s infringement is part of a “knowing, calculated, and systematic” effort aimed at “free rid[ing] on Danone’s reputation and goodwill.”
Brand Identity is (Often) the Product
The battle between Danone and Chobani underscores the growing strategic importance of brand identity in the booming ready-to-drink (“RTD”) coffee market, which is projected to swell to $1.6 billion in value over the next five years. As consumer behavior continues to favor convenience, portability, and premiumization, RTD coffee has become a key battleground for established food and beverage players looking to dominate refrigerator space in national retailers. In this landscape, branding is no longer secondary to the product, it is the product. With dozens of similar-looking bottles and overlapping flavor profiles on shelf, what draws a consumer to choose one cold brew over another often comes down to milliseconds of visual recognition and subconscious brand loyalty.
In this context, every element of packaging – from color palette and typography to vertical bands and roast-level descriptors – becomes a high-stakes design decision. A name like “Bright & Mellow,” while arguably descriptive, is also crafted to convey a specific sensory expectation and emotional tone. For Danone, that phrase signals lightness, approachability, and balance – qualities meant to differentiate its SToK product in a crowded market. With this in mind, the company’s claim is not really about words on a label; it is about the proprietary construction of a brand experience that resonates with consumers, particularly cold brew buyers who may lack deep category familiarity and are easily swayed by inviting aesthetics.
A ruling in Danone’s favor could signal that evocative naming conventions – even if they use common adjectives – can be legally safeguarded when paired with distinct trade dress and proven market presence. Conversely, if Chobani prevails, the decision could provide even more leeway for competitors to co-opt suggestive naming schemes and design elements, provided they remain within the bounds of descriptive fair use. Either way, the outcome will likely reverberate beyond the coffee aisle, influencing how brands conceptualize and protect identity in fast-moving consumer goods.
The case Danone US LLC et al. v. Chobani LLC, 1:25-cv-06217 (SDNY).
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