Judge Denies Chobani Bid to Dismiss Danone Coffee Trademark Suit

A federal judge in New York on Monday denied Chobani's motion to dismiss Danone's suit alleging infringement of the unregistered trademark 'Bright & Mellow' for coffee products.

The court found that Danone had plausibly alleged the mark was not merely generic and could function as a source identifier. The ruling allows the case to proceed on the trademark claims.

Danone had accused Chobani of using the phrase in connection with its coffee offerings. Chobani sought dismissal arguing the term was descriptive or generic.

The decision keeps the litigation active in the U.S. District Court.

Sources: https://www.law360.com/ip/articles/2506353/chobani-can-t-escape-danone-s-coffee-tm-suit https://www.law360.com/ip