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Oreo maker sues Aldi over ‘copycat’ packaging

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Danai Nesta Kupemba

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BBC News

Mondelēz International/Aldi A picture of the Oreo biscuits and the Aldi biscuits side-by-sideMondelēz International/Aldi

Mondelēz International’s Oreo snack brand (R) and Aldi’s store brand chocolate sandwich cookie

The corporation behind Oreo has filed a lawsuit in the US against the budget supermarket Aldi, accusing it of “blatantly” copying the packaging of its famous snacks.

Court documents showed that Mondelēz International said Aldi uses similar packaging likely to “deceive” consumers and “ride the coattails” of the company’s “attraction, fame and prestige”.

The snack giant also is behind Wheat Thins, Nutter Butter, Chips Ahoy!, and Ritz – all products the company accuses Aldi of copying with its “discount” versions.

Aldi US didn’t respond to the BBC’s request for comment, but its British counterpart stressed that it is not involved in the lawsuit.

A spokesperson for Aldi UK told the BBC, that they are “under the same ownership but operate as completely separate businesses”.

Mondelēz, which submitted the lawsuit in May, said it had reached out to Aldi several times about the “confusingly similar packaging”.

Although Aldi did discontinue or alter the packaging of some products, the supermarket has continued making “unacceptable copies”, the lawsuit stated.

The company claimed that if Aldi is allowed to continued with its product lines, it will “irreparably harm” the Mondelēz brand.

The lawsuit included side-by-side pictures comparing the appearances of Mondelēz’ product with Aldi’s.

Mondelēz lawsuit A side-by-side picture of Mondelēz snacks and Aldi snacksMondelēz lawsuit

The snack giant included side-by-side pictures of their products (L) next to Aldi’s biscuit brands (R)

In the lawsuit, Aldi is accused of trademark infringement, unfair competition and unjust enrichment. Mondelēz said it is seeking damages.

Mondelēz described Aldi’s business model as hinging on “low-priced private label products that resemble the look and feel of well-known brands”.

Aldi, which has its headquarters in Germany, is known as a discount supermarket offering affordable alternatives to well-known brands.

There are over 2,500 Aldi shops in the US.

This is not the first time Aldi has been embroiled in a trademark battle. Earlier this year, it lost a battle with Cider producers Thatchers, which accused the supermarket of copying its drink in “taste and appearance”.


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