Case: Mondelez International, Inc. et al. v. Aldi Inc.
The supermarket chain Aldi has rapidly expanded its footprint, planning to open over 225 new stores in 2025 alone, promoting itself as a budget-friendly alternative with the slogan “like brands, only cheaper.” Central to Aldi’s business model is its private-label product lineup, which competes directly with national brands on both price and shelf presence. However, Mondelez International Brands, a global food giant, has recently filed suit alleging that Aldi’s packaging designs for certain private-label products cross the line into unlawful imitation.
On May 27, 2025, Mondelez initiated legal action in the U.S. District Court for the Northern District of Illinois, accusing Aldi of willful trade dress infringement and unfair competition. The complaint targets Aldi’s store brand packaging for products resembling Mondelez’s well-known brands such as Oreo, Wheat Thins, Nutter Butter, Chips Ahoy, Ritz, Premium, and Nilla Wafers.
Trade Dress Protection: Safeguarding Consumers and Brand Goodwill
Trademark and trade dress law serve dual purposes. First, they protect consumers from being misled about the origin of a product, allowing shoppers to confidently select items based on brand reputation and expected quality. Second, these laws protect the goodwill and investment businesses have built in their brands, preventing others from unfairly profiting or diluting that brand equity.
For example, a consumer purchasing a package of Oreo cookies relies on the strong goodwill Mondelez has cultivated around the Oreo brand, expecting consistent product quality and experience.
The Alleged Infringement: “Blatant Copies” or Acceptable Imitation?
Central to the lawsuit is Mondelez’s claim that Aldi has systematically copied the visual design elements of at least seven of its flagship snack brands. The packaging designs for Aldi’s private-label products allegedly mirror Mondelez’s in colors, fonts, layout, and imagery—elements critical to trade dress protection.
For instance, Aldi’s Original Sandwich Cookies with Vanilla Filling come in a blue-and-white bag featuring cookies centrally displayed and a red logo in the upper left corner. This design, Mondelez asserts, closely resembles Oreo’s packaging, raising the legal question: does this similarity amount to trade dress infringement?
Mondelez’s complaint argues that Aldi’s packaging constitutes “blatant copies” that are “likely to deceive and confuse” consumers. Mondelez seeks both monetary damages and injunctive relief to halt the alleged infringement.
Precedent and Implications
This is not Aldi’s first packaging dispute. Last year, the supermarket lost a similar case in Australia, where a court found Aldi’s packaging infringed on the copyrights of Hampden Holdings’ Baby Bellies, a children’s snack brand.
While private-label brands often share general features with national brands to signal value pricing, the outcome of this case could significantly impact how closely private-label packaging can resemble established national brands without violating trade dress protections.
What This Means for Retailers and Brand Owners
The dispute highlights an escalating tension between national brand owners and retailers growing their private-label offerings. As retailers like Aldi continue to expand and compete directly with national brands, companies may increasingly pursue litigation to protect not only brand names but also the “look and feel” of their products.
For companies developing product packaging, our Maryland IP attorneys see this as underscoring the importance of creating distinctive, legally defensible designs. Just as with trademarks, comprehensive clearance research and legal analysis should be performed on trade dress elements, including packaging, before market introduction to mitigate infringement risks.