Mondelēz International, the maker of snacks like Oreo, Chips Ahoy! and Nutter Butter, has filed a trademark infringement lawsuit against Aldi, accusing the supermarket of “blatantly” copying the packaging for its food products.
In May, Mondelēz, an Illinois corporation, submitted a 72-page federal complaint that claims Aldi uses similar packaging on its store items that “trades upon the valuable reputation and goodwill” of multiple “cookie and cracker snack products.”
The corporation said in the court documents, which were obtained by TODAY.com, that Aldi’s packaging is “likely to deceive and confuse consumers and dilute the distinctive quality of Mondelēz’s unique product packaging, and if not stopped, threaten to irreparably harm Mondelēz and its valuable brands.”
TODAY.com has reached out to Mondelēz and Aldi for a comment.
Mondelēz is suing for monetary damages and is also asking that the court stop Aldi, which has its headquarters in Germany, from distributing the alleged “copycats.” The suit did not specify the amount for damages.
The suit contained side-by-side comparisons of Mondelēz snacks next to items sold by the grocery chain. Next to images of Oreo, Wheat Thins, Nilla wafers and Ritz crackers were Aldi’s Original Chocolate Sandwich Cookies With Vanilla Filling, Thin Wheat Original Crackers, Vanilla Wafers and Golden Round Crackers.
Mondelēz pointed out similarities in packaging colors, fonts and symbols.
“Defendant’s business model involves an emphasis on low-priced private label products that resemble the look and feel of well-known brands,” Mondelēz said about Aldi’s marketing strategy.
According to Mondelēz, the company previously contacted Aldi about its “copycat” items. The suit alleged that Aldi responded to the request by discontinuing or changing the flagged products. But the supermarket has since, according to the snack company, “continued its patterns and practice of selling products in packaging which infringes the trade dress of numerous Mondelēz products.”
Aldi’s dupes have been mentioned by customers over the years on social media. One Aldi Reddit thread compared the grocery chain’s “knockoff” of Velveeta cheese.
An X user posted in 2023 that they enjoyed the dupes more than name brands.
Many TikTok users have also shared videos of them trying Aldi ice cream flavors and comparing them to other brands.
On Aldi’s website, the company says it aims to save customers “money on the food and products you want the most.”
The supermarket described itself as “the fastest-growing grocer in the U.S.” in a February press release. It also said it plans to open over 225 stores this year.
