Mondelēz Sues Aldi Over Lookalike Product Packaging
When does a store-brand product stop being an alternative and start being a trademark violation?
Mondelēz alleges that Aldi, the discount grocer, has crossed that line.
In a lawsuit filed earlier this week, Mondelēz accuses Aldi of copying the distinctive packaging of several of its popular snack brands, including Oreos, Wheat Thins, and Chips Ahoy.
Mondelēz alleges that Aldi’s private label packaging “blatantly copies and trades upon the valuable reputation and goodwill” that Mondelēz has spent decades building across its flagship snack products.
The lawsuit goes on to mention that Aldi has made a practice of mimicking the look and feel of well-known national brands, asserting that the supermarket’s business model is centered on low-cost, private-label items that “resemble the packaging and presentation of household-name products.” Mondelēz’s trademark attorney also points to Aldi’s long-running advertising slogan—“Like brands. Only cheaper.”—as emblematic of its alleged strategy.
Included in the complaint are side-by-side exhibits comparing the packaging of Aldi’s products to Mondelēz’s.
Exhibit from the Lawsuit: A comparison of product packaging
Mondelēz claims Aldi’s packaging is so similar that it’s likely to confuse consumers into thinking the two companies are affiliated. The lawsuit accuses Aldi of willful trade dress infringement and argues the resulting harm to Mondelēz’s brand is “irreparable.”
The snack giant is seeking a permanent injunction to stop Aldi from using the disputed trade dress on any current or future products, as well as monetary damages, attorneys’ fees, and punitive damages. Mondelēz has requested a jury trial and is represented by the law firm Reed Smith LLP.
As of publication, Aldi has not issued a public response to the lawsuit.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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