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?
