Snack brand giant Mondelez is suing grocery chain Aldi, alleging that the grocer’s store-brand snack packaging “blatantly copies” Mondelez.
The maker of Oreo, Triscuit and Chips Ahoy filed the lawsuit on May 27 against the German grocer, which has US headquarters in Illinois, in the federal court for the Northern District of Illinois. Chicago-based Mondelez said in the lawsuit that Aldi’s cookie and cracker packaging was “likely to deceive and confuse” customers.
Aldi did not respond to CNN’s request for comment.
The discount supermarket chain primarily sells store-brand versions for lower prices than popular name brands, such as those owned by Mondelez. Mondelez said in its filing that it previously contacted Aldi about “copycats” of the Oreo cookie design, Teddy Grahams, Belvita biscuits, Triscuit crackers and Tate’s Bake Shop cookies.
Aldi eventually “discontinued” and “changed certain of these infringing products,” Mondelez said.
Trademark lawyer Josh Gerben, who is not involved in this case, said the law is designed to protect consumers.
“I can go to the store and reasonably assume that I recognize the name, and that’s who I’m buying from,” Gerben said, but some customers “think that they might be buying something from the Oreo brand or Wheat Thins, but they’re actually getting a substitute.”
The lawsuit claims Aldi’s peanut butter creme-filled cookies, chocolate chip cookies and Thin Wheat crackers have packaging similar to Nutter Butter, Chips Ahoy and Wheat Thins, among other similarities.
Mondelez said in the lawsuit that “if not stopped,” Aldi’s packaging threatens to “irreparably harm” Mondelez and its brands.
Mondelez is seeking monetary damages as well as a court order to prevent Aldi from selling such products, according to the filing.
Mondelez did not respond to CNN’s request for comment.
This is not the first time Aldi has faced a lawsuit over its store-brand products looking overtly similar in name, color and design to other brands. Last December, an Australian federal court said Aldi was liable for copyright infringement over children’s snacks packaging that resembled Hampden Holdings’ Baby Bellies puffs packaging.
“You want to fly close enough to the sun because you want the benefit of something,” but not too close, Gerben said. He added that such lawsuits are a case-by-case analysis and there’s no “bright line test” that would decide Aldi’s liability.
Aldi has over 2,400 locations in the United States. In February, the chain announced plans to open 225 stores in 2025.