Lawsuit accuses Aldi of copying others' packaging: See for yourself

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2 days ago

The Brief
Mondelez, the company that makes Oreos, Chips Ahoy, Nilla Wafers and more, says Aldi is infringing on its trademarks by using packaging that resembles name brands.
It's not the first time Aldi has been sued over its packaging.
The maker of Oreos, Chips Ahoy and Wheat Thins is suing Aldi over the supermarket chain's packaging, alleging it "blatantly copies" their name brands.
Mondelez, the company that makes the name-branded foods, filed the lawsuit in federal court Tuesday.
What they're saying
In the lawsuit, Chicago-based Mondelez claims Aldi's cookie and cracker packaging is "likely to deceive and confuse customers."
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Mondelez said it contacted Aldi on numerous occasions about "confusingly similar packaging." Aldi reportedly discontinued or changed the packaging on some items, but continued to sell others.
The lawsuit includes side-by-side photos of multiple products – including the gold box for Aldi's Thin Wheat crackers that resembles Wheat Thins, the blue packaging for Aldi's chocolate sandwich cookies that resembles Oreos and the red box for Aldi's Golden Round crackers that resembles Ritz crackers.
The lawsuit also accuses Aldi of infringing on Mondalez's trade dress rights for the packaging of Nutter Butter and Nilla Wafers cookies, and its Premium cracker brand.
The other side
Aldi didn't respond to messages from The Associated Press seeking comment. Aldi also wasn't immediately available for comment to LiveNow from FOX. Aldi is based in Germany, but its U.S. office in Batavia, Illinois is the branch named in the lawsuit.
What's next
Mondelez is seeking monetary damages and a court order to bar Aldi from selling products that copy its trademarks.
The backstory
Aldi keeps prices low by primarily selling products under its own labels. It's one of the fastest-growing grocery chains in the U.S., with more than 2,500 stores in 39 states.
Dig deeper
It's not the first time Aldi has been sued over its packaging. Last year, an Australian court found that Aldi infringed on the copyright of Baby Bellies snack puffs for young children. In that case, Aldi's packaging featured a cartoon owl and similar colors to the name-brand packaging.
Earlier this year, a U.K. appeals court ruled in favor of Thatchers, a cider company, which sued Aldi over design similarities in the packaging of its lemon cider.
The Source
This report includes information from The Associated Press and images from a lawsuit filed against Aldi.