Lead:
Mondelez International, the global snack giant behind Oreo and Chips Ahoy, has filed a lawsuit against discount grocer Aldi, accusing the chain of selling store-brand cookies and crackers with packaging that “blatantly copies” its products. The lawsuit, filed May 27 in Illinois federal court, alleges Aldi’s designs could mislead shoppers and harm Mondelez’s brands.
Body:
Mondelez, headquartered in Chicago, claims Aldi’s peanut butter creme-filled cookies, chocolate chip cookies, and Thin Wheat crackers closely resemble its Nutter Butter, Chips Ahoy, and Wheat Thins packaging. The suit argues such similarities are “likely to deceive and confuse” customers, potentially causing “irreparable harm” to Mondelez’s reputation and sales.
This isn’t the first dispute between the companies. Mondelez stated it previously raised concerns with Aldi over alleged knockoffs of Oreos, Teddy Grahams, BelVita biscuits, Triscuits, and Tate’s Bake Shop cookies. While Aldi later discontinued or modified some products, the new lawsuit suggests the issue persists.
Aldi, which operates over 2,400 U.S. stores and plans to expand with 225 new locations in 2025, did not respond to requests for comment. Mondelez also declined to elaborate beyond its legal filing.
Legal Perspective:
Trademark attorney Josh Gerben, unrelated to the case, explained that such lawsuits aim to protect consumers from misleading packaging. “Shoppers should reasonably know whether they’re buying an Oreo or a lookalike,” he said. However, he noted these cases hinge on individual judgments, with no clear-cut standard for infringement.
Aldi has faced similar claims before. In December 2023, an Australian court ruled the retailer liable for copyright infringement over snack packaging resembling Hampden Holdings’ Baby Bellies.
Resolution Sought:
Mondelez seeks financial damages and a court order to halt Aldi’s sales of the disputed items. The case underscores the fine line retailers walk when emulating branded goods—a strategy Gerben likened to “flying close enough to the sun for benefit, but not so close you get burned.”
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