Mondelez, the maker of many famous cookie and cracker brands like Oreo, Chips Ahoy!, Ritz, and Wheat Thins is suing Aldi, the deep discount retailer, for deceptive practices in that Aldi’s store brand versions of these products look confusingly similar to the famous brands. [See lawsuit.]
For example, with respect to Oreos, the Mondelez lawyers assert:
*MOUSE PRINT:
Mondelez has spent hundreds of millions of dollars in the last five years alone in connection with advertising and promoting its goods featuring the OREO Trade Dress [the design and appearance of the packaging] in the United States market and has enjoyed substantial sales and success. To benefit from the reputation, fame and prestige of the OREO Trade Dress and exploit Mondelez’s marketing effort, [Aldi] is marketing and selling private label packaged cookie sandwiches using packaging that blatantly copies the distinctive and iconic elements of the OREO Trade Dress. Aldi adopted the Infringing Sandwich Cookie Packaging with knowledge of Mondelez’s prior rights in the OREO Trade Dress and with intent to mislead or confuse consumers into believing that Defendant’s goods are provided, sponsored, or approved by, or affiliated with, Mondelez.
Of course, Aldi is not the only company that makes their store brands look similar to the name brand they are imitating.
Mondelez is alleging trade dress infringement, trademark dilution, and unfair competition.
What do you think? Are shoppers misled into thinking they are buying the name brand at Aldi when they are really purchasing the store brand? Do the lookalike packages somehow imply they are made by or endorsed by the name brand?
I hope the suit fails. It assumes that consumers are not intelligent enough to make an informed choice. Store brand products have been around for decades. Especially in this age of inflation and high prices. I use store brands whenever possible. Some are very good. Some not as good. Shoppers won’t be tricked into buying the wrong item.
I shopped at Aldi grocery store for only the second time last week. As they are a Division of Ahold which owns and operates Trader Joes as well I expected several similar products, I was pleasantly impressed that most of the items/ product selection was as good if not better than Trader Joes. I experimented with one Snack item ,Clancys Corn Chips
Which turned out to be as good or better than Fritos at less than 50% of Frito Lays pricing. The major manufacturers are making us pay for high CEO salaries and ridiculously advertising.Shop at Aldi ot Trader Joes and experience the difference!
Robert… the German Albrecht family owns Aldi and Trader Joe’s. Ahold Delhaize owns Stop & Shop and other supermarket chains.
Two Divisions of the same family.
Aldi Nord and Aldi Sud.
Check the back of labels of Aldi products same address as Trader Joe,s in California.
Both owned by the Albrecht Family.
I’m not fooled (Thin Wheats? Duh) but I’ll bet plenty of people are, not because they’re stupid but because they’re rushing through a supermarket and grabbing what they think they recognize. And Mr. Consumer, if I were to start an online consumer zine called, say, “Consumer Globe” or something similar, and used the same fonts and page setup as you, I’ll bet you’d be annoyed at the very least, and you’d have every right to be. So yes, I’m all for the plaintiffs in this one.
Why now? Has this not always been the case?
Yes. And the offenders keep getting sued, lose, and then try ripping off someone else.
Not confused in the least, but I commend them on their attempts to prove we lack the simple intelligence to tell these products apart. That said, I can’t see the downside of spending far less on equivalent or superior products. Perhaps Mondelez should look in the mirror.
Ridiculous. Everyone knows about store brands. The packaging is similar, but not meant to deceive in any way. Instead of spending money and time on frivolous lawsuits, why not invest some of that money into lowering prices to be more competitive?
It’s obvious to me that these products from Aldi and other look-alike are not the originals. The bottom line is how they taste. Worth a try for the cheaper price
I don’t know whether these packages are infringing or not, but it sure is annoying. And does seem intended to trick consumers.
I was just in my local grocery store this morning and was dismayed by the wall of Oreo variations taking over the snack section like mold on a piece of cheese. The last thing I want to see is another package that looks like another variation of Oreos.
If I am in an Aldi’s store, I know they sell similar items to others, but I know that it is Aldi’s. So I understand it is their version of the other cookie or chip or cracker. It is another stupid lawsuit trying to intimidate a competitor.
Most folks would be fooled, and proud to say, I’m not one of them.
Aldi’s crackers and cookies are better than the name brands, fresher and cheaper with packages sealed tightly. We no longer buy Oreos since we found cookies missing from their resealable packages. Also, shrinkflation has hit the name brands so the higher price is not worth it. This lawsuit should fail.
Total fail.
In Sam Elliott’s voice: “Let me tell you a story about Hydrox…”
The similarity of packaging must be because it is successful marketing, despite some legal risk. Why it succeeds, though, is interesting. It may be less because consumers mistake it for the dominant brand, and more because the packaging conveys the sense that the product is comparable.
Can’t Aldi protect itself by a disclaimer on every package, stating that it is not the product of Mondelez, or similar wording?
Why should they? They don’t have to.
I find the similar packaging helpful, not deceptive. I’ve been in the situation when there were store brands mimicking multiple different name brands of shampoo and the packaging helped me figure out which store brand was “compare to” which name brand.
Remember, it was Oreo that copied Hydrox
Speaking specifically in regards to the Oreo knock-offs. There are a lot more differences than there are similarities.
What’s the rule here, an Oreo competitor can’t have a blue rectangular package? It can’t have cookies with words superimposed on top of them?
Let’s look at what is different, Aldi’s brand has: No Oreo branding, no milk, and two cookies instead of one.
The Nutter Butters one is the most ridiculous, there are so many differences: Nutter Butter branding, two entirely different shaped cookies instead of one peanut shaped cookie, and the addition of about 7 peanuts spread out over the package.