Mondelez Sues Aldi Over Copycat Private-Label Packaging
Mondelez International is suing the Aldi grocery store chain for carrying private-label products that too closely resemble some of the top brands of Mondelez.
In a filing May 27 in U.S. District Court in the Northern District of Illinois, Mondelez charges Aldo with “willful trademark infringement, trade dress infringement, unfair competition, unjust enrichment and dilution under federal and state law,” according to the filing. Both companies are headquartered in Illinois.
“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 Mondelez’s trade dress,” the filing states. “Because of this misconduct, Mondelez has a history of enforcing its intellectual property rights against Defendant. Indeed, Mondelez has contacted Defendant on numerous occasions objecting to Defendant’s use of confusingly similar packaging and demanding that Defendant cease and desist its unlawful infringement.”
Mondelez said it’s complained to Aldi in the past about its packaging for Oreo cookies, Teddy Grahams, Belvita biscuits, Tate’s Bake Shop cookies and Triscuit crackers. The May 27 filing includes Wheat Thins, Nutter Butter cookies, Chips Ahoy, Nilla Wafers, Ritz crackers and Premium Saltines – and Mondelez inserted photos of Aldi’s similar packaging.
“Defendant’s actions are 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,” the filing said.
Mondelez seeks a prohibition against Aldi using the packaging, plus damages -- treble damages if it meets the legal requirements – punitive damages and attorneys’ fees. Mondelez asks for a jury trial.
