Trademark Infringement
The infringement of a trademark is the unauthorized commercial use of a registered trademark. A trademark is infringed when the infringer uses an identical or confusingly similar logo, brand name, or slogan without obtaining consent from the registered trademark holder. The infringement is especially severe when the infringer is selling products within the same class (or classes) of goods and service that the original trademark covers.
If the trademark owner is able to prove infringement, the company accused of trademark infringement is likely to receive:
A court order to stop using the trademark in question.
Destruction or seizure of products bearing the infringing mark.
Financial compensation, including the infringer’s profits, the trademark owner’s damages, and legal costs.
In some cases, an order requiring the infringer to pay the trademark owner’s attorney fees.
There have been numerous notable instances of brand clashes and trademark infringement cases, but one of the most famous ones was a clothing Brand called Bentley approached Bentley Motors in 1998 about the branding clash and then followed with court actions due to the 'persistent infringing' of their trademark. The court upheld the claim of the smaller company that registered its trademark first, which meant Bentley Motors was no longer able to use the name, either on its own or in combination with its famous "wings" logo in connection to their clothing line. It was also ordered to destroy all of its branded apparel that included the word 'Bentley'. Read more.
Mondel
Mondelēz International, the maker of multiple world-famous sweets and snacks, such as Oreo, Chips Ahoy! and Nutter Butter, has filed an infringement lawsuit again Aldi, a German-owned discount grocer with over 2,400 stores in the U.S. The lawsuit targets Aldi's allegedly misleading packaging, which could result in customer confusion due to similarities between the original Oreo packaging and the Aldi private-label alternative.
Aldi's private-label items are a key part of its low-cost business model. However, the strategy has recently caused legal trouble. Aldi lost two similar trademark infringement cases in late 2023 and early 2024, one to Australian brand Baby Bellies and another to a British cider maker.
Meanwhile, Mondelez has also faced challenges. In May 2024, it was fined $366 million by the European Union for engaging in anti-competitive practices and limiting cross-border sales. In addition, the company reported a dip in U.S. cookie sales, largely due to price hikes from rising cocoa and sugar costs—making its products more vulnerable to cheaper, store-brand alternatives like Aldi’s.
Does Mondelēz have a good chance of winning the lawsuit?
While many trademark cases come with unique caveats and case specifics, Mondelēz might have a promising case on their hands. This is because multiple factors might play in Mondelēz's favor. Here's a couple to consider:
Similar Packaging & Trade Dress Aldi’s lookalike products reportedly use similar color schemes, shapes, and layouts to Oreo, Chips Ahoy, and Ritz branding. U.S. trademark law doesn’t just protect logos or names—it also protects trade dress, which includes overall packaging design if it has acquired distinctiveness. If consumers are likely to be confused or believe Aldi’s products are associated with Mondelez, that strengthens the infringement claim.
Pattern of Behavior Aldi has recently lost similar trademark cases—including to Baby Bellies and a British cider brand. If Mondelez can demonstrate that Aldi knowingly copies well-known branding, it could show a pattern of willful infringement, which courts take seriously.
Strength of Mondelez’s Brands Oreo, Chips Ahoy, and Ritz are extremely well-known in the U.S. That brand strength increases the likelihood of consumer confusion when copycat packaging appears.
However, there Aldi could also raise some points that might skew Mondelez's chances of winning the lawsuit. Namely, they could argue that Mondelez's pacaking uses generic elements (such as the color blue for cookies and red for crackers) that aren't uniquely associated with Mondelez or its associated brands.
Furthermore, Aldi could argue that all of its products are clearly labeled under different names and are not explicitly claiming to be associated to Oreo or Ritz. If the branding separation is clear enough, this may weaken the customer confusion argument.
Takeaways
Trademark infringement goes beyond copying a name—it can include visual similarities that mislead customers.
Registering a trademark first matters. As seen in the Bentley case, even large companies can lose when a smaller business has prior rights.
Trade dress protection is powerful. Packaging, colors, and layouts can be just as important as logos in a legal fight.
A history of similar offenses can seriously damage a defendant’s position in court.
Brand strength works both as a marketing asset and a legal shield. The more iconic the brand, the more likely a court is to view lookalikes as infringing.
FAQs - Mondelēz International vs. Aldi
1. What exactly counts as trademark infringement?
Trademark infringement occurs when a person or company uses a name, logo, slogan, or packaging that is identical or confusingly similar to a registered trademark—without the trademark owner’s permission. This is especially problematic when the infringing brand operates in the same category of goods or services as the original trademark owner, potentially confusing consumers about the source of the products. Infringement isn’t limited to brand names—it can also include trade dress, such as packaging, colors, or layout.
2. What are the legal consequences for trademark infringement?
If a court finds that trademark infringement occurred, the infringing party may be ordered to:
Stop using the trademark immediately
Destroy or recall infringing products
Compensate the trademark owner through damages and lost profits
Cover legal costs and, in some cases, attorney fees In high-profile cases, courts may even issue injunctions to prevent future use or require a full rebranding of the infringing product line.
3. How to detect trademark infringement before it gets out of hand?
Early detection is key to protecting your trademark before small issues turn into costly legal battles. One of the most effective ways to catch infringement early is by using a trademark monitoring service. These services regularly scan trademark databases and online platforms for any new applications or uses that are similar to yours. This lets you spot potential conflicts quickly, sometimes even before the infringer fully launches their product.
