Oreo maker sues Aldi over alleged copycat cookie packaging

Yahoo

2 days ago

The maker of Oreos, Chips Ahoy cookies, Ritz crackers and other popular snacks is suing Aldi, alleging the supermarket chain is using packaging that "blatantly copies" their products.
Mondelēz International filed the civil complaint on May 27 in an Illinois federal court. According to the complaint, obtained and reviewed by USA TODAY, the Chicago-headquartered company said Aldi's alleged actions are "likely to deceive and confuse consumers and dilute the distinctive quality of Mondelēz's unique product packaging."
Aldi, which sells low-priced private-label cookie and cracker snacks, has a "pattern and practice of selling products in packaging that are unacceptable copies of Mondelēz's," the manufacturer alleges in the complaint.
Mondelēz said in the court filing that it has contacted Aldi on "numerous occasions" objecting to the supermarket chain's alleged use of "confusingly similar packaging" and demanding that it cease and desist its "unlawful infringement."
The snack maker is seeking monetary damages and a court order effectively stopping Aldi from selling products that infringe on its trademarks.
USA TODAY contacted Aldi and Mondelēz on May 30 but has not received a response.
The popular snack brands Mondelēz is alleging Aldi copied include Oreos, Wheat Thins, Nutter Butters, Chips Ahoy, Nilla Wafers, Ritz, Premium Saltine Crackers, Teddy Grahams, Belvita biscuits, Tate's Bake Shop cookies and Triscuit crackers, according to the complaint.
After being contacted by Mondelēz, Aldi discontinued and/or changed certain of the alleged infringing products, the complaint says. However, Aldi continued to sell products in packaging that resembles Mondelēz's snacks, which are trademarked, the court document continued.
Mondelēz is informed and believes that at least some of the products in its lawsuit are manufactured and distributed nationally to Aldi stores from a supplier or suppliers in Ohio, the complaint reads.
Throughout the complaint, Mondelēz includes side-by-side comparisons of its trademarked snack packaging and Aldi's alleged infringing products, including Oreos and the supermarket chain's "Original Chocolate Sandwich Cookies with Vanilla Filling."
Mondelēz is not the only company to sue Aldi, as an Australian federal court ruled a year ago that the supermarket chain infringed on the copyright of Baby Bellies snack puffs for young children, according to The Guardian and Associated Press.
In the Baby Bellies case, Aldi's packaging featured a cartoon owl with colors similar to the name-brand packaging, the outlets reported. Hampden Holdings, the owner of Baby Bellies, sent the supermarket chain a letter alleging copyright infringement, subsequently prompting the company to take Aldi to court concerning 11 product designs, according to The Guardian.
'Aldi sought to use for its own commercial advantage the designs that had been developed by a trade rival,' the federal judge said, per The Guardian. 'Although Aldi may have intended, if possible, to avoid infringement and legal liability, it took the risk that its use of the Bellies designs would exceed what the law allows. I consider Aldi's conduct to be flagrant.'
Federal courts in the United Kingdom and Australia ruled in favor of Aldi in 2018 after the cosmetic company, Moroccanoil Israel, alleged the discount supermarket chain's product packaging and branding were too similar to theirs.
This article originally appeared on USA TODAY: Oreo maker sues Aldi, alleges trademark infringement of packaging