Mondelēz Sues Aldi For Alleged Trade Dress Violation

Christopher Doering writes in Food Dive that Mondelēz has sued Aldi for an alleged trade dress violation, claiming that Aldi’s private label snack packaging unlawfully mimics the appearance of several iconic Mondelēz products (Mondelēz International v. Aldi, U.S. District Court for the Northern District of Illinois).

The complaint alleges that Aldi’s packaging infringes on Mondelēz’s trade dress rights and seeks damages and a permanent injunction to prevent Aldi from using the disputed designs.

The Mondelēz brands involved include Oreo, Chips Ahoy!, Ritz, and others. The case underscores growing tensions between national brands and private label competitors amid shifting consumer preferences.

Mondelēz, based in Chicago, asserts that Aldi is intentionally copying distinctive elements of its well-known product packaging to mislead consumers and capitalize on the goodwill associated with its brands.

The lawsuit details prior instances where Mondelēz warned Aldi about packaging that was confusingly similar and points to a broader “pattern and practice” of copying by the retailer.

While Aldi altered some products, Mondelēz claims several infringements remain unresolved. The complaint includes visual comparisons that highlight alleged similarities in color schemes, layout, and imagery, particularly emphasizing the Oreo cookie’s signature tilted image and blue background.

The court has not yet ruled on the claims, but Mondelēz argues that Aldi’s conduct constitutes trade dress infringement, creating a likelihood of consumer confusion and causing irreparable harm to its brand equity.

Mondelēz’s legal strategy reflects an aggressive approach to protecting its market share and deterring look-alike packaging among value-focused competitors.

This case serves as a reminder for legal teams representing brand owners to proactively monitor the marketplace for packaging that may dilute brand identity. Trade dress litigation, particularly against rising private label competitors, is likely to increase as brand confusion becomes a strategic battleground. Documented efforts to enforce rights strongly support the granting of injunctive relief.