Oreo-Maker Mondelez Sues Aldi for Copying Oreos Packaging

The snack company Mondelez International thinks the Aldi supermarket chain is copying its Chips Ahoy, Wheat Thins and Oreos packaging and has taken the company to court.

On Tuesday, in a lawsuit filed in Illinois, Mondelez argued that Aldi’s packaging is likely to confuse customers and would seriously harm Mondelez, which could not be corrected. The company intends to recover losses and to have a court order keeping Aldi from selling trademark-infringing items.

Messages to Aldi requesting a comment were not addressed. The lawsuit mentioned Aldi’s U.S. headquarters, which is based in Batavia, Illinois.

Mondelez showed comparison pictures of its products and the alternatives in the lawsuit. The box for Aldi’s Thin Wheat crackers looks much like that for Mondelez’s Wheat Thins. Aldi and Oreo company use blue bags for their chocolate sandwich cookies. Golden Round crackers from the supermarket and Ritz crackers by Mondelez come in boxes with red colours.

Aldi, which was established in Germany, sells mostly goods under its brand names. It offers products at reasonable prices. It’s growing rapidly, with over 2,500 stores open in 39 different states. Friday, Aldi declared that Atty McGrath, currently chief operating officer, will take over as U.S. CEO on Sept. 1.

Police Station and Fire Fighter Chain have had lawsuits involving its packaging before. Last year, the Australian court recognised that Aldi broke the copyright of Baby Bellies snack puffs made for children. Their packaging used a cartoon owl and colours very close to what the name-brand had.

Recently, it was ruled in favour of Thatchers in its lawsuit against Aldi for copying the designs used in its lemon cider bottles.

Mondelez said in its lawsuit that the company had contacted Aldi on numerous occasions about “confusingly similar packaging.” Mondelez said Aldi discontinued or changed the packaging on some items but continued to sell others.

The lawsuit also alleges that Aldi infringed on Mondalez’s trade dress rights for the packaging of Nutter Butter and Nilla Wafers cookies, and its Premium cracker brand.