Oreo maker Mondelez sues Aldi over ‘copycat' packaging
Mondelez, 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, Mondelez, 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 Mondelez's unique product packaging, and if not stopped, threaten to irreparably harm Mondelez and its valuable brands'.
TODAY.com has reached out to Mondelez and Aldi for a comment.
Mondelez 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 Mondelez 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.
Mondelez pointed out similarities in packaging colours, 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,' Mondelez said about Aldi's marketing strategy.
According to Mondelez, 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 Mondelez 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 flavours 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.
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ABC News
a day ago
- ABC News
Aldi is known for drawing inspiration from big brands. Here's how experts say the retailer does it
It's no secret that Aldi, the supermarket chain that once had the slogan "like brands, only cheaper", sells products visually similar to well-established competitors. In the cereal aisle of each store, brown boxes of Power Grain are reminiscent of their Kellogg's counterpart, and in the snack aisle packets of Blackstone chips appear to draw inspiration from Red Rock Deli. In the US, blue boxes of Aldi-brand cream-filled biscuits are so similar to Oreos that the company behind the snack giant is suing the supermarket for "blatant copying". It's not the first time the chain has landed in legal trouble over its cheaper, duplicated private-label brands. In Australia, there have been several legal cases against Aldi. But intellectual property and consumer experts are not worried about this case creating legal implications for Australian consumers, who they say are largely unphased by Aldi's "phantom labels". "Ultimately the key reason they [Aldi] do this is about visual congruence," retail expert Gary Mortimer said. "So, when we're shopping in a supermarket, it's historically a mundane, habitual, low-involvement decision-making context. 'You walk down an aisle and you think Cadbury is purple. They [consumers] are influenced by pack colour, brand name or packaging shape." Professor Mortimer said when a consumer saw a product similar to another brand's, they might infer it was the same. "What the danger is, is a customer goes, 'Well, actually, their cereal is just as good as the Kellogg's version,'" he said. "Brands themselves spend a lot of money ensuring their brand is high quality. "Then a new player enters with a private label that looks very similar and, therefore, all of that positioning you've done with that product, the private label takes advantage of that position. "Brands would be concerned about that." Professor Mortimer said the private Aldi label was perceived as higher value than, say, the Coles or Woolworths generic-brands. "You won't get Aldi-brand biscuits, you'll get Belmont." In fact, they are so popular, other chains are taking a leaf out of the Aldi playbook, creating their own, cheaper, private brands. He said Woolworths and Coles had created private labels that sold cleaning products and pet food. "To some point, supermarkets understand we won't feed our dog Woolworths pet food but we might feed them a cheaper brand like Baxter's, which is actually Woolworths owned." With Choice ranking Aldi as the cheapest supermarket in Australia in its past five surveys, legal experts say the occasional legal challenges Aldi faces for sailing "close to the wind" with its packaging and branding are largely justified. While Aldi has faced legal challenges in Australia in the past over its packaging and the likeness of its products to rivals, the University of Sydney's Fady Aoun says it is far more challenging to take Aldi to court here. The senior lecturer in intellectual property law said this was because Australia's legal systems were vastly different to those in the US, for instance. "In the realm of trademark law and other forms of forms of policing commercial practices, American law is vastly different to Australian law," he said. "And, in addition to trademark infringement, they have something called unfair competition, which Australian law doesn't adopt "Their trademark law is far more protective of arguably trading interests and goes further than the Australian law in this respect." But there are several ways legal action can be pursued. Last year in Australia the company Hampden Holdings and Lacorium Health Australia successfully sued Aldi Foods for breach of copyright in relation to children's food products. Hampden licenses intellectual property to Every Bite Counts, which sells children's food products under Baby Bellies, Little Bellies and Mighty Bellies, which are sold in Australia. In 2018 and 2019, Aldi engaged the company Motor Design to re-design the packaging for its baby food and product range. The case found that in April 2019, Aldi instructed Motor Design to reuse the Little Bellies brand as the "benchmark" for the re-design of the packaging for its Mamia dry food range. The packaging and labelling were put side by side in court documents to highlight how similar each looked. "Aldi, they sail close to the wind," Dr Aoun said. "They sometimes overstep the mark. Other times they're just short of what is impermissible. "I suspect there is a strong legal department there and that's their business mode." The court found Hampden and Lacorium's owned the packaging designs. Aldi is currently appealing against the court decision. It was approached for comment. "The typical claims in Australia here are trademark infringement, misleading and deceptive conduct and — much more difficult — the common law action of 'passing off'," Dr Aoun said. "Hampden is just a company that holds IP rights and they are the holder of the copyright," Jane Rawlings, an intellectual property barrister said. "So they weren't suing on the trademark; they were suing on the look of the packaging, how it presents itself to consumers. "That was successful because the court had found Aldi had deliberately modelled their snacks on the Baby Bellies." Separately, Aldi won a federal court appeal in 2018 against a deceptive conduct ruling over hair care products brought against the supermarket chain by Moroccanoil Israel. Dr Rawlings said this was harder to prove. "You have to show there is reputational goodwill in the brand, and in this purpose it is by using a similar name, brand or look that misleads consumers and that damages the goodwill of the brand because they're being diverted to a cheaper alternative or because the brand owner is losing sales," she said. "You have to still prove the conduct has been deceptive and what Aldi do is tread a fine line where they've got a lookalike brand but it's not enough to argue consumers are being misled." In the UK in 2023, Cider producer Thatcher's successfully won a legal battle against Aldi, claiming it "copycatted" its Cloudy Lemon Cider in "taste and appearance". This was a lookalike trademark case that argued Aldi's Taurus drink had been "deliberately riding on the coat-tails" of the cider company's reputation as a brand. Dr Rawlings said she believed registering a brand as a trademark was one of the best ways to protect it. "To be honest, and if I were a brand owner trying to protect the look of packaging, I'd be looking very seriously at trademarking registration because it's relatively cheap and then you can basically sue on the trademark registration." Ultimately, experts agree the impact on consumers is relatively low. "What Aldi will typically say is our consumers are not confused [and that] while they may draw inspiration from leading brands there's no confusion people know what they're getting," Dr Aoun said.
West Australian
2 days ago
- West Australian
King's Birthday public holiday trading hours: Coles, Woolies, Kmart and Bunnings
Millions of Australians are gearing up for a long weekend in celebration of King Charles III's 76th birthday. The public holiday is celebrated by most of the country in June, however those in Western Australia and Queensland will have to wait until later in the year to catch an extended break. For those in NSW, Victoria, Tasmania, South Australia, the ACT and the Northern Territory, here's what you need to know about what's open and when on the Monday public holiday. Some Woolworths Metro stores are open, but customers are again encouraged to check their local stores' trading hours on the Woolworths Store Finder for specific trading hours. Most stores will be 10am-7pm across the states observing the King's Birthday public holiday. However some hours may vary store to store, and customers can check their local store's trading hours online for specific trading hours. As IGA stores are independently-owned, the hours will differ between stores — some stores will be trading as normal while others may have restricted hours. IGA customers can check trading hours with their local IGA or online. Most Big W stores are open, but customers are encouraged to check for their local stores on the Big W Store Finder for specific trading hours. ALDI stores in NSW, ACT and VIC will operate as per normal, with no change to trading hours. However trading hours may vary in SA, and customers are advised to visit the ALDI store locator for more information on individual store trading hours.
The Advertiser
2 days ago
- The Advertiser
A regal guide to everything that's open on the King's Birthday long weekend
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In South Australia, all stores closed except for: Port Lincoln, Port Pirie, Berri, Port Augusta, Mount Barker, Adelaide, Rundle Place, Whyalla, Murray Bridge Green, Mount Gambier and Victor Harbor. Woolworths supermarkets in the ACT, Victoria, NSW, WA and Tasmania are open. Most stores in Queensland, except Hervey Bay Pialba, are also open. Some Woolworths supermarkets in SA and NT are open, but the majority are closed. Some individual stores' opening and closing times may vary; check their website for specific store trading hours. ALDI stores in NSW, ACT, Victoria, Queensland and WA will open on June 9 with no change to trading hours. Trading hours for ALDI stores in SA will vary on the long weekend. The company advised customers to visit the ALDI store locator closer to June 9 for information on individual store trading hours. Most Dan Murphy's will be open between 10am-7pm in NSW, Victoria, SA, Tasmania, the NT and the ACT. 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The public holiday does not mark King Charles' true birthday, which falls on November 14. Stores in ACT, Victoria, NSW and Tasmania remain open across the weekend and on June 9. There are some slight changes to trading hours in the Northern Territory based on individual shops. Check the website for specific store trading hours. Stores in Queensland and WA are unaffected by the public holiday. In South Australia, all stores closed except for: Port Lincoln, Port Pirie, Berri, Port Augusta, Mount Barker, Adelaide, Rundle Place, Whyalla, Murray Bridge Green, Mount Gambier and Victor Harbor. Woolworths supermarkets in the ACT, Victoria, NSW, WA and Tasmania are open. Most stores in Queensland, except Hervey Bay Pialba, are also open. Some Woolworths supermarkets in SA and NT are open, but the majority are closed. Some individual stores' opening and closing times may vary; check their website for specific store trading hours. ALDI stores in NSW, ACT, Victoria, Queensland and WA will open on June 9 with no change to trading hours. Trading hours for ALDI stores in SA will vary on the long weekend. The company advised customers to visit the ALDI store locator closer to June 9 for information on individual store trading hours. Most Dan Murphy's will be open between 10am-7pm in NSW, Victoria, SA, Tasmania, the NT and the ACT. Some hours may vary from store to store; check online for specific trading hours. Queensland and WA stores are unaffected. BWS stores will be open between 10am-7pm in NSW, Victoria, SA, Tasmania, the NT and the ACT. Some hours may vary from store to store; check online for specific trading hours. Queensland and WA stores are unaffected. In Tasmania, all stores will be open for trade. In NSW and ACT, all stores will be open for trade on June 9, excluding: In Victoria, all stores will be open for trade, excluding: In SA, all stores will be open for trade, excluding: In the NT, all stores will be open for trade, excluding: In WA, all stores will be open for trade, excluding; In NSW and ACT, all stores will be open for trade on June 9, excluding: In WA, all stores will be open for trade on June 9, excluding: All other Vintage Cellars stores are open as normal All stores are open as normal on the King's Birthday long weekend. All Bunnings stores will be open as normal on the long weekend. Check the website for specific store trading hours. Kmart stores in NSW, Queensland, ACT, Tasmania, Victoria, WA and the NT will be open with regular hours. Stores in SA will be open at reduced trading hours, most will open at 11am and close at 5pm. Most BIG W Stores are open, the company said. 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In NSW and ACT, all stores will be open for trade on June 9, excluding: In Victoria, all stores will be open for trade, excluding: In SA, all stores will be open for trade, excluding: In the NT, all stores will be open for trade, excluding: In WA, all stores will be open for trade, excluding; In NSW and ACT, all stores will be open for trade on June 9, excluding: In WA, all stores will be open for trade on June 9, excluding: All other Vintage Cellars stores are open as normal All stores are open as normal on the King's Birthday long weekend. All Bunnings stores will be open as normal on the long weekend. Check the website for specific store trading hours. Kmart stores in NSW, Queensland, ACT, Tasmania, Victoria, WA and the NT will be open with regular hours. Stores in SA will be open at reduced trading hours, most will open at 11am and close at 5pm. Most BIG W Stores are open, the company said. 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Most Dan Murphy's will be open between 10am-7pm in NSW, Victoria, SA, Tasmania, the NT and the ACT. Some hours may vary from store to store; check online for specific trading hours. Queensland and WA stores are unaffected. BWS stores will be open between 10am-7pm in NSW, Victoria, SA, Tasmania, the NT and the ACT. Some hours may vary from store to store; check online for specific trading hours. Queensland and WA stores are unaffected. In Tasmania, all stores will be open for trade. In NSW and ACT, all stores will be open for trade on June 9, excluding: In Victoria, all stores will be open for trade, excluding: In SA, all stores will be open for trade, excluding: In the NT, all stores will be open for trade, excluding: In WA, all stores will be open for trade, excluding; In NSW and ACT, all stores will be open for trade on June 9, excluding: In WA, all stores will be open for trade on June 9, excluding: All other Vintage Cellars stores are open as normal All stores are open as normal on the King's Birthday long weekend. All Bunnings stores will be open as normal on the long weekend. Check the website for specific store trading hours. Kmart stores in NSW, Queensland, ACT, Tasmania, Victoria, WA and the NT will be open with regular hours. Stores in SA will be open at reduced trading hours, most will open at 11am and close at 5pm. Most BIG W Stores are open, the company said. Some individual store trading hours may vary, check their website for specific store trading hours.
