Some of the popular snack packages in the lawsuit allegedly include Oreo, thin wheat, nutter butter, chips ahoy, Nira Wafers, Ritz and Teddy Graham.
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Oreos, Chips Ahoy Cookies, Ritz Clackers and other popular snack makers claim that supermarket chains use packaging that “blatantly copy” their products.
Mondelēz International filed a civil complaint in federal court in Illinois on May 27th. According to a complaint obtained and reviewed by USA Today, Chicago Headquarted Company said Aldi’s suspected behavior “is likely to deceive and confuse consumers and dilute the distinctive quality of Mondelēz’s unique product packaging.”
Aldi, which sells low-cost private label cookies and cracker snacks, has “patterns and practice of selling products in packaging, an unacceptable copy of Mondelēz.”
Mondelēz said he opposed the supermarket chain’s use of “disrupted and similar packaging” and said he had contacted Aldi about “number of opportunities” demanding that “illegal infringements” be stopped.
Snackmakers are seeking monetary damages and, by court order, has effectively stopped Aldi from selling products that infringe its trademarks.
USA Today contacted Aldi and Mondelēz on May 30th, but did not receive a response.
What kind of snack packaging does Aldi copy Mondelēz claim?
Popular snack brands claim to be copied, including Oreos, Thin Wheat, Nutter Butter, Chip Ahoy, Nira Wafers, Ritz, Premium Soleen Crackers, Teddy Graham, Belvita Biscuits, Tate’s Bake Shop Cookies, Trisuit Crackers, and more, including Oreos, Thin Wheat, Chip Ahoy, Neela Wafers, Ritz.
After being contacted by Mondelēz, Aldi discontinued and/or altered certain products of suspects being infringed, the complaint states. However, Aldi continued to sell products in packaging similar to the trademarked Mondels snacks.
Mondelēz has been notified and believes that at least some of the products in the lawsuit are being manufactured and distributed nationwide by Ohio suppliers or suppliers to Aldi stores.
Through the complaints, Mondelēz includes a comparison of trademarked snack packages and suspected sorts of Aldi infringing products, including Oreos and the supermarket chain’s “original chocolate sandwich cookies with vanilla filling.”
Aldi previously sued for copyright infringement.
According to the Guardian and the Associated Press, Australia’s federal court is not the only company suing Aldi after a year ago found that the supermarket chain infringed the copyright of Baby Berries Snack Puff for Young Children.
In the case of Baby Bellies, the Aldi packaging featured a cartoon owl in a colour similar to the name branded packaging, the outlet reported. According to the Guardian, Hampden Holdings, owner of Baby Bellies, sent a letter to the supermarket chain claiming copyright infringement.
“Aldi tried to use designs developed by trade rivals for their own commercial interests,” the federal judge said according to the Guardian. “Aldi could have intended to avoid infringement and liability if possible, but there was a risk that the use of abdominal design would exceed what the law allowed.
Federal courts in the UK and Australia ruled in 2018 that they upheld ALDI after cosmetics company Morocconi Oil Israel argued that the discount supermarket chain’s product packaging and branding were too similar to theirs.
