Inspiration Or Infringement: Aldi vs. Mondelez

Source CNN

This week, I came across something very interesting: Mondelez has sued grocery chain Aldi, claiming that its Benton’s cookie packaging rips off iconic designs from brands like Oreo, Chips Ahoy, and Nutter Butter.

It’s an issue that goes deeper than just packaging. It demonstrates the power of branding, the ease of replication in the age of AI, and the legal boundaries of intellectual property.

Why the Similar Look?

Some might ask why in the first place. For marketers, the reason Aldi—or any private-label brand—might mimic iconic packaging seems obvious. For many others, it might seem creatively lazy, especially when a common rationale behind branding/marketing is to “stand out.”

When we, as consumers, glance at a shelf and spot familiar colors and designs, our brains instantly connect the dots. Those blue, red, and cream-colored wrappers scream “Chips Ahoy,” “Nutter Butter,” and “Oreo,” evoking associations with taste and quality. It is the foundation of branding at play, making it easier for the consumer to save mental calories when trying to understand what they are buying. And I’m not using the term calories as a playful connection to the topic of cookies, I mean it literally. Humans are wired to try and conserve their mental brainpower, which requires calories, to think. Good branding takes advantage of connotation to help buyers save energy when comparing options and understanding the choices in front of them.

For Aldi’s Benton’s brand, this means consumers quickly “get” what the product is supposed to deliver, even if they’ve never tried it before. It’s efficient, and in a world where every second of attention counts, it’s tempting to lean into what’s already proven to work.

The Risk

The obvious problem is playing with fire, copying too closely risks crossing the legal line of trade dress infringement.

Trade dress refers to the overall visual appearance and design of a product’s packaging. It can include color schemes, shapes, layouts, and fonts.

If a brand can prove that its packaging is so distinctive that consumers associate it with their product—and that a competitor’s similar design causes confusion—it might win in court.

Aldi’s likely going to defend their design by claiming consumers aren’t likely to be confused, considering they clearly display the Benton’s logo, so it’s obvious what brand they are buying. However, courts may consider not just the logo, but the total look and feel.

This is where it gets tricky. Even if Aldi’s packaging uses slightly different colors or fonts, if the impression is too similar, it could constitute infringement. That’s a judgement call.

It reminds me of cases where a songwriter is being accused of copying another because a chord progression or melody feels familiar. After all, there are only 12 notes to choose from, and realistically fewer if you want to stay in key.

In branding, the same concept applies—there are only so many ways to design a cookie package, and branding experts know that selling a cookie lends itself to certain colors, fonts, and generally, a certain feel.

Think about this—how effective would Chips Ahoy be if their packaging was, say, green? It simply doesn’t work, because in the food space, green has a connotation of broccoli, lettuce, spinach, and not things our brains have evolved to associate with a sweet treat. People literally say, eat your greens. There is even a popular healthy spot called Sweetgreen, that plays off that idea.

The AI Impact

Enter AI, to make things even more complicated. With AI giving brands the ability to generate lookalike designs in minutes, we’re seeing a flood of packaging and ads that blur the line between inspiration and imitation. It’s like we’re entering an era of cut-and-paste marketing, where standing out takes a back seat to looking just familiar enough to capture attention.

So the question is—how do we use AI to create something truly new?

More difficult to answer - how do we draw the lines when we know certain colors, styles, and cues evoke deeply ingrained associations—like fun saturated colors for sweets, or green for veggies?

It’s a challenge worth tackling, especially when branding isn’t just about aesthetics—it’s about making a mark that sticks.

Final Thought

This case between Mondelez and Aldi highlights a fundamental truth: branding isn’t just decoration—it’s a way to communicate and help buyers identify what they are looking for.

Thanks to Brian Dutt for sharing.

https://www.cnn.com/2025/06/02/business/mondelez-aldi-lawsuit-packaging