Mondelēz Sues Aldi Over Alleged Copycat Packaging in U.S. Federal Court.
Mondelēz International (commonly referred to as Mondelez International), maker of Oreo, Nutter Butter, and Chips Ahoy! has filed a federal lawsuit against grocery retailer Aldi.
The complaint, filed on May 27, 2025, in the U.S. District Court for the Northern District of Illinois, accuses Aldi of selling private-label products under its Benton’s brand that imitate the distinctive packaging of Mondelez’s best-known cookies.
Trade Dress Allegations Against Aldi
According to the lawsuit, Benton’s Original Chocolate Sandwich Cookies use a similar bright-blue package design, layout, and cream-filled cookie imagery that consumers associate with Oreo.
Likewise, Benton’s Peanut Butter Crème cookies allegedly mimic the red and yellow branding of Mondelez’s Nutter Butter product line.
Mondelez argues that these similarities are not incidental but form a deliberate attempt to mislead consumers into believing they are purchasing nationally recognized brands.
The company further alleges Aldi had been notified about similar packaging concerns in the past and made only superficial design changes while continuing to sell lookalike products.
Legal Framework: Trade Dress and Consumer Confusion
The case hinges on the legal doctrine of trade dress, which protects the visual appearance of a product’s packaging when it serves as a source identifier.
To prevail, Mondelez must prove that Aldi’s packaging is likely to cause confusion among consumers and that its design elements have acquired distinctiveness in the marketplace.
Commenting on the broader legal issue, trademark attorney Josh Gerben, who is not involved in the case, noted:
“I can go to the store and reasonably assume that I recognize the name, and that’s who I’m buying from,” he said. However, he added that some consumers “think that they might be buying something from the Oreo brand or Wheat Thins, but they’re actually getting a substitute.”
Mr. Gerben reflects a growing concern in trademark law: the risk of consumer confusion stemming from increasingly sophisticated store-brand packaging strategies.
Mondelez Seeks Damages and Injunction
Mondelez is asking the court for monetary damages and injunctive relief to halt the sale of the allegedly infringing products.
It is also seeking a court order requiring Aldi to redesign the packaging of the contested Benton’s items and remove them from its store shelves.
Aldi has not yet issued a formal response or public comment on the lawsuit.
The outcome of this case could have wide-reaching implications for how private-label packaging is regulated under U.S. trademark and trade dress law.
With store-brand products now claiming a larger share of grocery sales, national brands are taking a more aggressive legal stance to protect their visual identities.
If the court rules in favor of Mondelez, the case may encourage other consumer goods companies to pursue similar actions against retailers using lookalike packaging as part of their competitive strategy.
Mondelēz International, Inc. is a global snacking leader based in Chicago, operating in over 150 countries. Formed in 2012 after splitting from Kraft Foods, the company owns iconic brands like Oreo, Ritz, Cadbury, and Chips Ahoy!. With over $36 billion in annual revenue, Mondelēz focuses on biscuits, chocolate, gum, and candy, and is committed to sustainable and responsible snacking worldwide.
More Articles from Lawyer Monthly
-
Holland & Knight Adds Real Estate Partner J. Pieratt in Austin
-
Gainey McKenna & Egleston Files Class Action Lawsuit Against Fortrea
-
Baker McKenzie Advises Izdihar Fund on GEMS School Acquisition