They say imitation is the sincerest form of flattery, but only to a point. Sure, we all get inspiration from somewhere, and some might even argue that there’s no such thing as an original thought—but there’s a clear difference between paying homage and straight up copying off of someone else' s paper. It’s the reason agencies like the Trademark and Patent Office exist, to protect the intellectual, physical, and creative properties of trailblazers who appear to have spoken an idea into the ether first.
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That being said, we often assume that the agencies in place are there to protect the everyman, mom and pop businesses that come up with game-changing ideas everyday, but in the hands of big business and mega-corporations, it actually does quite the opposite. We’ve all heard horror stories of independent designers coming up with a product only to find that a larger, more popular brand has copied their original idea almost exactly.
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To get away with it, they might make a few minor tweaks here and there and the rest is history. But what if the tables were turned and a smaller brand, arguably one on a stratospheric rise, decided to take a page out of the mega-corp playbook and dupe their product in near identical fashion? According to Chips Ahoy and Oreo parent company Mondelez, Aldi did exactly that and they’ve filed a lawsuit to prove it.
In this week’s latest omg-inducing news, snack brand giant Mondelez announced that it is suing Aldi for allegedly copying their packaging of their iconic cookies and crackers, potentially confusing shoppers. The lawsuit claims that Aldi’s peanut butter creme-filled cookies, chocolate chip cookies, and Thin Wheat crackers have packaging similar to that of Nutter Butter, Chips Ahoy, and Wheat Thins.
Even further, the lawsuit claims that if not changed, the packaging threatens to irreparably harm Mondelez and its brands by tricking consumers into thinking they’re purchasing the real thing. Mondelez is seeking monetary damages as well as a court order to prevent Aldi from selling the products—if we know anything about lawsuits, though, it might not end up being that simple.
This also isn’t the first time the German supermarket chain has been accused of ripping off a competitor's designs either. Last December an Australian court found Aldi liable for copyright infringement over children’s snacks packaging that resembled Hampden Holdings’ Baby Bellies puffs packaging. While it may seem like a lofty assertion, the packaging does look pretty similar if not for the color choices alone. Only time will tell how this one pans out, but hopefully it ends in the two working out a distribution deal. One can only hope.
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