Chips Ahoy, Oreo maker sues grocery chain over 'copycat' packaging
The maker of Chips Ahoy cookies is suing a discount grocery store chain, claiming it 'blatantly' copied its chocolate chip cookie and other snack packaging to 'deceive and confuse' customers. Mondelez has filed a federal lawsuit against German grocer Aldi, seeking monetary damages and a court order to stop Aldi from selling the products. Photo by FDA
June 3 (UPI) -- The maker of Chips Ahoy cookies is suing a discount grocery store chain, claiming it "blatantly" copied its chocolate chip cookie and other snack packaging to "deceive and confuse" customers.
Mondelez, which also makes Oreos and Wheat Thins, filed the federal lawsuit May 27 against German grocer Aldi, seeking monetary damages and a court order to stop Aldi from selling the products. Aldi has more than 2,400 locations in the United States.
The suit claims the supermarket chain, which has its U.S. headquarters in Illinois, also copied the snack company's packaging for its Teddy Grahams, Belvita biscuits, Nutter Butters and Ritz crackers.
"Defendant is in the business of selling private label cookie and cracker snacks and has a pattern and practice of selling products in packaging that are unacceptable copies of Mondelez's trade dress," the lawsuit states.
"Because of this misconduct, Mondelez has a history of enforcing its intellectual property rights against Defendant," the filing continues. "Indeed, Mondelez has contacted Defendant on numerous occasions objecting to Defendant's use of confusingly similar packaging and demanding that Defendant cease and desist its unlawful infringement."
In the lawsuit, Mondelez displays side-by-side photos of Chips Ahoy cookies in blue and red packaging and Aldi's Chocolate Chip cookies in a similar blue or red. Nutter Butters in their red packaging are shown next to Aldi's Peanut Butter Creme-filled cookies also in red, and the yellow Wheat Thins box with small square crackers is shown next to Aldi's Thin Wheat crackers box, also in yellow with a picture of small square crackers.
"Defendant's actions are likely to deceive and confuse consumers and dilute the distinctive quality of Mondelez's unique product packaging," according to the lawsuit, "and if not stopped, threaten to irreparably harm Mondelez and its valuable brands."
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