One, Two, Three, Four – Who Declared a Snack War?

Aldi, the discount supermarket chain, has built a strong and growing fan base. It’s on track to open over 225 new stores this year, positioning itself as a low-cost alternative to traditional brands. You’ve probably heard their former slogan: “Like brands, only cheaper.” That’s the heart of their business model—offering private-label products that resemble national brands, but at a lower price.

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Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

About the authors
Sara M. Bauer
Stephanie Smiertka Riley

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

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Aldi, the discount supermarket chain, has built a strong and growing fan base. It’s on track to open over 225 new stores this year, positioning itself as a low-cost alternative to traditional brands. You’ve probably heard their former slogan: “Like brands, only cheaper.” That’s the heart of their business model—offering private-label products that resemble national brands, but at a lower price.

But now, food giant Mondelez International is saying Aldi may have taken that slogan a bit too literally. Mondelez has filed a lawsuit in federal court in Illinois, claiming that Aldi’s store-brand packaging looks too much like some of its most iconic products lik Oreo, Wheat Thins, and Chips Ahoy

The lawsuit, filed on May 27, 2025, accuses Aldi of willful trade dress infringement and unfair competition. Mondelez argues that Aldi’s packaging mimics their own too closely—using similar colors, fonts, layouts, and imagery. For example, Aldi’s sandwich cookies come in a blue and white bag with a red logo in the corner, which is similar to Oreo’s design. The big question for the court is: does that similarity cross the legal line?

Mondelez says yes. They’re calling Aldi’s packaging “blatant copies” that could mislead shoppers. They’re asking for damages and for the court to stop Aldi from using those designs.

This isn’t Aldi’s first time in court over packaging. Just last year, an Australian court ruled against them in a similar case involving a children’s snack brand.

While it’s common for store brands to echo the look of national brands, this case could set new boundaries. How close is too close? And will more big brands start fighting back to protect not just their names, but the visual identity of their products?

For companies, the takeaway is clear: make sure your packaging is not only eye-catching, but legally sound. That means doing your homework—just like you would for a trademark—before launching a new design.

We’ll keep an eye on how this case unfolds. If you have questions about trade dress or branding strategy, the Womble Bond Dickinson Trademark Team is here to help.

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