Aldi Is Being Sued By a Popular Snack Creator For Allegedly Selling 'Confusingly Similar Packaging'
The suit claims Aldi ignored prior warnings of legal action regarding Mondelēz's more popular brands and is "riding the coattails" of Mondelēz's branding.
Mondelēz is seeking a jury trial to determine damages, including legal fees and punitive awards.Aldi is in hot water with Mondelēz International, the parent company of well-known snack brands including Oreo, Wheat Thins, Nutter Butter, Chips Ahoy!, Nilla Wafers and Ritz crackers.
In a complaint obtained by PEOPLE, filed on Tuesday, May 27, Mondelēz International, along with its intellectual property holding company and subsidiary Intercontinental Great Brands LLC (collectively 'Mondelēz'), claims that the budget-friendly grocery chain's business model hinges on producing products with similar packaging to resemble its popular aforementioned brands in an attempt to 'confuse' its customers.
'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 Mondelēz's trade dress,' reads the complaint. 'Because of this misconduct, Mondelēz has a history of enforcing its intellectual property rights against Defendant.'
Mondelēz alleges that it has reached out to Aldi in the past regarding the mimicking of other product designs, including Teddy Graham cookies, Belvita biscuits, Tate's Bake Shop cookies and Triscuit crackers.
According to the complaint, Aldi 'discontinued and/or changed certain of these infringing products' in response to the outreach. However, Mondelēz alleges Aldi ignored its similar request regarding the other product lines, which led to the formal complaint.
'Defendant's willful infringement must be stopped, and Mondelēz is entitled to recover the significant damages it has suffered,' reads the court documents. 'Defendant's acts have caused and are likely to cause confusion, mistake, or deception in the minds of the public.'
Neither Mondelez International nor Aldi responded to PEOPLE's attempts for comment.
Mondelēz claims that the alleged purposeful use of its familiar marketing designs by Aldi is an attempt to 'ride the coattails' of its products' popularity and benefit from its 'power of attraction, fame and/or prestige, and to exploit the marketing effort expended by Mondelēz.'
Mondelēz is seeking a jury trial, which will be charged with determining the award amounts for treble damages, Mondelēz's attorney fees and costs, punitive damages, and any other awards the Court deems appropriate.
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