Mondelēz v. Aldi: Trade Dress, Cookies, and Consumer Confusion
- Aug 5, 2025
- 2 min read
On May 27, 2025, Mondelēz International Inc. and its subsidiary Intercontinental Great Brands LLC filed a lawsuit against Aldi, Inc. before the U.S. District Court for the Northern District of Illinois, alleging infringement of the trade dress of several iconic products. The complaint also includes claims for trademark dilution, unfair competition, and unjust enrichment.
According to Mondelēz, Aldi continued to use confusingly similar packaging despite prior cease and desist letters.
Alleged Replication of the “Look and Feel”
Mondelēz argues that Aldi replicated the overall look and feel of its products, including:
Nearly identical color schemes
Similar typography
Comparable visual layouts
Product names with high degrees of similarity
These elements, taken together, could mislead consumers into believing that a commercial relationship exists between the companies.
What Is Trade Dress?
The International Trademark Association (INTA) defines trade dress as the overall appearance of a product or service that identifies its source and distinguishes it from others in the marketplace.
Requirements for Trade Dress Protection in the U.S.
Under TrafFix Devices v. Marketing Displays (2001), trade dress protection requires:
Distinctiveness, inherent or acquired
Non-functionality
Likelihood of consumer confusion
Mondelēz claims its trade dress meets these requirements due to long-standing use and substantial marketing investment.
Packaging as a Trust-Building Asset
In fast-moving consumer goods markets, packaging plays a decisive role in purchasing decisions. As such, trade dress functions as a source identifier and a trust-building mechanism.
Protecting trade dress therefore protects the brand–consumer relationship.
Legitimate Competition or Unfair Advantage?
The case illustrates how trade dress can be used to challenge strategies that avoid direct trademark copying but still create misleading visual associations.
Mondelēz alleges not an isolated incident, but a systematic pattern of imitation, raising questions about the boundaries between fair competition and unfair exploitation.
Conclusion
The Mondelēz v. Aldi dispute reinforces an important lesson: trade dress should be treated as a strategic intellectual property asset.
For companies operating in packaging-driven markets, proactive trade dress management is essential to protect brand equity, market position, and consumer trust.
WRITTEN BY: JUAN FELIPE SUÁREZ
Comments