Chobani has failed to block a lawsuit accusing its La Colombe coffee brand of copying the packaging and slogan used by Danone’s SToK cold-brew range.

US district judge Jennifer Rochon rejected Chobani’s attempt to have the case dismissed, ruling that Danone had plausibly alleged the similarities could confuse shoppers.

Danone claims La Colombe used the same yellow-and-black colour scheme and “Bright & Mellow” slogan as its competing ready-to-drink SToK coffee.

It alleged that the brands’ similar appearance could make their products difficult to distinguish on grocery shelves. It is seeking unspecified damages and changes intended to prevent consumer confusion.

Chobani argued the words “bright” and “mellow” were generic or descriptive terms referring to the coffee’s flavour and mouthfeel, and therefore could not be protected as a trademark.

However, Rochon found Danone had presented a sufficient case for the lawsuit to proceed, without ruling on the ultimate merits of its claims.

The judge added that allegations Chobani had copied both the packaging and slogan supported a “plausible inference of bad faith”.

Chobani previously described the legal action as an “opportunistic attempt” by Danone to use trademark law against a stronger competitor.

Danone has maintained that it stands behind the SToK packaging and brand identity it has built across the range. Neither company immediately commented following the latest ruling.

The case places renewed focus on the importance of distinctive packaging within grocery’s growing ready-to-drink coffee category, where colour, typography and flavour descriptions can play a significant role in helping shoppers identify products in chilled fixtures.

Chobani acquired La Colombe for $900m (£671m) in December 2023 as it looked to expand beyond its core yoghurt business and strengthen its presence in the coffee market.

The dispute is one of at least four lawsuits filed between Chobani and Danone since 2016.

Danone launched a separate case against Chobani last month, accusing the yoghurt maker of overstating protein levels on its Chobani 20G Protein multipacks and positioning them as a direct rival to its Oikos Pro range.

Chobani founder and chief executive Hamdi Ulukaya has denied that the company misleads consumers and said it does not add external protein to its products.

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