Snack food giant Mondelez International has filed a lawsuit against Aldi, alleging the grocery chain intentionally copied the packaging of its popular cookies and crackers, including Chips Ahoy!, Wheat Thins and Oreos.
In the federal suit filed in Chicago, Mondelez argues that Aldi’s packaging “blatantly copies and trades upon the valuable reputation and goodwill” that the snack maker has built for its brands.
The complaint claims Aldi’s products are “likely to deceive and confuse customers” and that the lookalike packaging could cause irreparable harm to Mondelez’s reputation and sales.
“Mondelez had contacted Aldi on numerous occasions about the confusingly similar packaging,” said the company in its filing.
While Aldi changed or discontinued some of the packaging following these objections, Mondelez said Aldi continued to sell other products with similar designs.
The lawsuit highlights side-by-side examples showing Aldi’s Thin Wheat crackers in gold boxes resembling Mondelez’s Wheat Thins, Aldi’s chocolate sandwich cookies with blue packaging similar to Oreos, and Aldi’s Golden Round crackers in red boxes reminiscent of Ritz.
Mondelez is also accusing Aldi of infringing on the trade dress rights for its Nutter Butter, Nilla Wafers and Premium saltine crackers packaging.
“Aldi seeks to ride the coattails of Mondelez’s reputation,” the lawsuit alleges, saying Aldi’s packaging strategy benefits from the “power of attraction, fame and/or prestige” built by Mondelez over decades.
The snack company also said that Aldi’s alleged copyright infringement “threatens to irreparably harm Mondelez and its valuable brands,” citing Oreo’s status as the world’s top-selling cookie with more than $4 billion in annual sales.
Aldi has faced similar legal challenges in the past.
Earlier this year, a UK appeals court upheld a ruling that Aldi’s cloudy lemon cider infringed on Thatchers’ trademark. In Australia, an end-of-2024 court ruling found Aldi liable for copying the packaging of three Hampden Holdings products.
Aldi has yet to respond publicly to the latest lawsuit. Mondelez is seeking monetary damages and a court order barring Aldi from using packaging that infringes on its trademarks.
