Cookie Ripoff or Double Stuf'n the Brand?

Why Aldi's Oreo Knock-Off Might Not Be As Shameless As It Seems

A few years back, I helped Giant Eagle create the Greek Yogurt Philosopher Spoonius to relaunch their store-brand Greek yogurt. I fully understand that any branding opportunity is a chance to make something fun and engaging but recently, my LinkedIn algorithm has delivered me at least four separate posts from marketing consultants scolding Aldi for their Oreo clone cookie packaging.

"Why not do something unique?"

"What a missed opportunity!"

"The whole point of branding is to make your product stand out!"

While we wholeheartedly agree with these sentiments, we might have to visit the school of good enough.

Here's what we're thinking:

1. This cookie clone is Aldi executing their brand. Aldi is all about-lower priced groceries. According to Supermarket News, 90% of the products Aldi carries are private label. On their website, Aldi admits: The rule around here is if it isn’t necessary, we don’t do it. Period. End of story. Those are words we live by. Keeping things simple at ALDI comes down to one objective - giving you high-quality products while helping you save on groceries.

   
   

   The crew over at Shoddy Goods from Meh. wrote a great rundown of Aldi's ongoing brand cloning project, explaining that this isn't the grocer's first rodeo. They've won and lost similar battles before. Aldi knows what they're doing.

   
   

   Developing an entirely new brand can be expensive (though we know a certain plucky shop that can get it done effectively for less than the big cookie-cutter agencies.) Aldi would likely run up a fairly large invoice if every brand on their shelves received a bespoke branding effort and that would be reflected in the price.

   
   

2. Most business law classes will tell you that if you don't defend your trademark, there's a chance you could lose it. Practically every supermarket chain has a faux-reo. I'd wager that Mondelez (Oreo's parent brand) and their legal teams send out quite a few cease-and-desist letters, but they don't always escalate their actions to lawsuits. Aldi likely caught their attention because of the size and scale of their operation.

   
   

   These are bold moves from when you consider that Oreo began as a knockoff of the original yet poorly named sandwich cookie - Hydrox, which gives this lawsuit your recommended daily allowance of irony.

   
   

3. Aldi carries Oreo cookies. You'll find them on the shelf near their inspiration (as seen above). Only the tremendously nearsighted will visually confuse the Benton's Original Chocolate Sandwich Cookies with Vanilla Filling for the GOAT of the cookie aisle. In a blind taste test, you will not mistake these cookies for each other. (My household wasn't even interested in finishing the pack of Aldi cookies I purchased for "research purposes.")

   
   

Aldi probably knows they're aping Oreo. It's quite possible there's an Aldi designer who was instructed to make the blue a little closer to Oreos. No matter the outcome of this trial, this won't be the last brand Aldi apes. Much to the chagrin of hard-working creatives, it's likely cheaper and faster for Aldi to settle the occasional lawsuit when they fly a little too close to the sun than put in the effort to create a unique brand. You could say....it's a crummy situation all around.