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Aldi is undergoing a major branding shift: nearly every private-label product will soon display the ALDI name more prominently, with a bold, unified design system. The move comes as the grocer faces a federal trade-dress lawsuit from Mondelēz (the company behind Oreo, Ritz, Wheat Thins, Nilla, and Chips Ahoy!) claiming that Aldi’s private-label packaging imitates the look of iconic snack brands and could confuse consumers. If you have questions about this or your own trademark issues, Lansing, MI trademark branding lawyer, J. Baron Lesperance at The Patent Baron PLLC is available to talk.
While most people focus on the marketing angle, this moment is a live case study in how trademark law and trade dress shape packaging strategy.
Trade Dress 101: Not Just A Pretty Label
Trade dress is a form of trademark protection covering the overall visual identity of packaging—its color scheme, typefaces, layout, and imagery—so long as those elements identify the source of the product and are not functional.
To succeed in a trade-dress infringement case, a brand owner usually must show:
- The packaging has distinctiveness (consumers associate the look with the brand).
- The design is non-functional (it’s decorative, not necessary for use).
- There is a likelihood of confusion between the two products.
When national brands have built decades of recognition—think Oreo’s deep blue cookies bag or Ritz’s red cracker box—retailers creating “look-alike” products walk a legal tightrope.
Why Aldi’s New Branding Move Is Smart
Aldi’s shift to make its house name dominant is both a marketing and risk mitigation strategy:
- Clear source signaling: Strong use of the ALDI name makes it harder for competitors to argue that a shopper could be confused.
- Portfolio cohesion: A consistent design system across product lines builds brand equity and reduces reliance on mimicry of national-brand cues.
- Litigation optics: Courts notice when a company proactively rebrands to distance itself from an alleged infringer’s look—this can reduce damages exposure and soften public perception.
Practical Takeaways For Brand & Packaging Teams
For National Brands:
Keep a monitoring program. Photograph the shelf over time and track changes in competitors’ packaging.
Build secondary meaning: run consumer surveys, maintain marketing spend records, and register trade dress where possible.
Move fast if you spot look-alikes—early cease-and-desist letters or negotiated redesigns can avoid costly litigation.
For Private-Label And Startup Brands:
Don’t design from the shelf. Start with your brand’s own visual language rather than tweaking the category leader’s look.
Run trade-dress clearance. Compare your packaging to well-known products and document differences in layout, color, and structure.
Feature your house brand boldly. A visible, consistent mark helps reduce confusion risk.
Secure your own rights. Trademark and, where possible, register the look of your own packaging to block future imitators.
For Co-Packers And Suppliers:
Negotiate clear IP responsibility and indemnities in contracts. Make sure someone owns the packaging strategy—and the risk.
How The Patent Baron PLLC Helps
We assist businesses on both sides of the shelf:
- Trade-dress audits & clearance before launch.
- Trademark registration strategies for names, logos, and packaging.
- Enforcement & defense playbooks including cease-and-desist programs, litigation readiness, and survey design.
- Packaging risk assessments for private-label and co-packing deals.
This analysis was informed by reporting from the Detroit Free Press on Aldi’s packaging refresh and the ongoing trade-dress lawsuit filed by Mondelēz (Sept. 24, 2025).
Nothing in this article is legal advice. If you’re evaluating a packaging refresh or facing a look-alike dispute, contact The Patent Baron PLLC today. “I Put a Lock on Your Ideas®”
Sources & Further Reading
- Detroit Free Press: “Amid Branding Lawsuit, Aldi Products Are Getting A New Look” (Sept. 24, 2025).
- AP News: “Oreo Maker Mondelez Sues Aldi…” (May 30, 2025).
- Axios: “Aldi Puts Its Name On Nearly All Products In Major Overhaul” (Sept. 24, 2025).
- CBS News / Food Processing / Supermarket News coverage of the Mondelēz complaint and alleged look-alike packaging.
