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The snack behemoth Mondelez is taking legal action against Aldi because their packaging bears an uncanny resemblance to that of its popular snacks.
Mondelez,
the maker of Oreo
, Chips Ahoy and Triscuit, alleges in the suit that Aldi’s packaging for its own-brand alternatives ‘blatantly copies’ its own.
Mondelez claims that the comparable packaging may likely mislead and puzzle customers who intend to purchase its items.
The primary products at issue in the lawsuit include Aldi’s peanut butter cream-filled cookies, chocolate chip cookies, and thin wheat crackers. Mondelez claims these packages are too similar to their own brands: Nutter Butter, Chips Ahoy, and Wheat Thins.
In its submission to the federal court for the Northern District of Illinois on May 27, Mondelez requested that the court direct Aldi to cease sales of these items and seek financial compensation for the snack manufacturer.
Aldi, the German grocery store, has turned into
the quickest-expanding supermarket chain in the United States
, with a business approach centered on sales
largely private-label items cheaper than well-known brand names.
You desire to soar near the sun to reap its benefits,” trademark attorney Josh Gerben explained, “but without getting too close.
CNN
of Aldi’s strategy.
Gerben mentioned that the legislation is intended to safeguard consumers.
“I can head to the store and safely presume that I am familiar with the brand, which means I know whom I’m purchasing from,” he said to the publication.
But some customers ‘think that they might be buying something from the Oreo brand or Wheat Thins, but they’re actually getting a substitute.’
Gerben added that lawsuits such as the one brought by Mondelez are taken on a case-by-case basis, and there’s no ‘bright line test’ that would determine if a copycat brand has gone too far.
In its filings, Mondelez stated that it had previously taken action against Aldi for producing imitation versions of several of its snack items, such as Oreo cookies, Teddy Grahams, Belvita biscuits, and Triscuit crackers.
In response, Aldi ultimately “stopped selling” and “modified some of these infringing items,” according to Mondelez.
However, now the snack giant claims that Aldi needs to be halted through legal means, otherwise it will ’cause irreparable damage’ to its brands.
Aldi has faced legal action in the past for its own brand products too closely mimicking other brands.
In December, an Australian federal court ruled that Aldi had breached copyright laws by excessively mimicking the packaging design of Hampden Holdings’ Baby Bellies puffs for its own competing children’s snacks.
According to the judge, Aldi aimed to utilize designs created by a competing business for their personal gain.
‘I view Aldi’s behavior as blatant.’
Aldi is forging ahead with its swift growth in the United States, having recently disclosed intentions to launch an additional 225 stores this year, boosting its total number of outlets nationwide to over 2,400.
Its most recent openings include
two new locations in Las Vegas in April.
“We have established our credibility by providing genuine value without taking shortcuts,” stated Jason Hart, Aldi’s CEO.
We’re expanding quickly across the country. Establishing outlets in Las Vegas provides us with a chance for sustained growth in this dynamic market and enables us to offer an accessible and enjoyable shopping option for consumers nationwide.
e.’
ChinPao.biz.id reached out to Aldi for his take on the lawsuit.
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