CNN and Josh Gerben Discuss the Mondelez v Aldi Infringement Lawsuit

Mondelez is suing Aldi for trademark infringement, claiming that Aldi is blatantly copying the packing of several popular snack brands.

Trademark attorney Josh Gerben discussed the lawsuit with CNN. 

Gerben, who is not involved in the case, explains that the law is designed to protect consumers.

“I can go to the store and reasonably assume that I recognize the name, and that’s who I’m buying from,” Gerben said, but some customers “think that they might be buying something from the Oreo brand or Wheat Thins, but they’re actually getting a substitute.”

“You want to fly close enough to the sun because you want the benefit of something,” but not too close, Gerben said. He added that such lawsuits are a case-by-case analysis and there’s no “bright line test” that would decide Aldi’s liability.

Source: Bacon, Auzinea. https://www.cnn.com. “Chips Ahoy and Oreo maker Mondelez sues grocery chain Aldi over similar packaging”. 2 June 2025.