Food industry giant Mondelēz International is suing the Aldi supermarket chain for alleged trade dress infringement of Mondelēz products like Oreos, Chips Ahoy, and Wheat Thins.
In a federal lawsuit filed earlier this week, Mondelēz claims Aldi’s store-brand packaging is “likely to deceive and confuse customers,” according to the Associated Press. The lawsuit places side-by-side images of multiple products. Mondelēz notes the similarities in blue packaging for Oreos and Aldi’s chocolate sandwich cookies. Aldi’s Thin Wheat crackers come in a box nearly identical to Mondelēz’s Wheat Thins.
Aldi's private-label chocolate sandwich cookies.Packaging World
Other product packaging the lawsuit claims infringe on trade dress are Mondelēz’s Nutter Butter, Nilla Wafers cookies, Ritz crackers, and its Premium cracker brand.
Mondelēz said they contacted Aldi about the “confusingly similar packaging.” Mondelēz said it had also previously reached out to Aldi about other products that mimicked packaging and the grocery store had either discontinued or changed the packaging.
Aldi primarily sells products under its own label to keep prices low. Since first coming to the U.S in 1976, the supermarket has built a cult-like following and is one of the fastest-growing grocery chains with over 2,500 locations in 40 states.
Mondelēz's Wheat Thins and Aldi's Thin Wheats have a similar golden box.Khairil via Adobe Stock
Previous packaging lawsuits
This isn’t the first time Aldi has faced a packaging lawsuit. AP reported that last year an Australian court found Aldi liable for infringing on the trade dress of Baby Bellies, a snack puff brand. Additionally, earlier in the year a U.K. appeals court ruled in favor of Thatchers, a cider company, which sued Aldi for packaging similar to its lemon cider.
Aldi's private-label Thin Wheat crackers.Packaging World
What’s really at stake in packaging mimicry?
For Consumer Packaged Goods (CPG) brands, packaging is a vehicle of brand equity. Typography, color pallets, and layout design can build consumer associations with quality or taste. If consumers believe they are purchasing a product comparable to the original brand it can cause confusion.
In its lawsuit, Mondelēz said that Aldi’s alleged copying of packaging is “likely to deceive and confuse consumers and dilute the distinctive quality of Mondelēz’s unique product packaging.”
