"This year, with a trio of lawsuits from national brands against retailers, the same could be said for the typically obscure area of intellectual property law known as trade dress. Earlier this summer, snack maker Mondelez sued discount grocer Aldi over several of its lookalike cookie packages. Then, Lululemon sued Costco for selling several popular apparel items. And this month, JM Smucker sued Trader Joe's for skating too close to its Smucker's Uncrustables line of frozen PB&J sandwiches."
"Why it's getting a lot more attention now is that it's really an economic kind of issue,' said Paul Reilly, a partner at Baker Botts who specializes in branding, advertising, and copyright issues. With rising costs, more consumers are looking for savings by shopping store brands instead of national ones. Think Costco's Kirkland Signature, Walmart's Great Value, or Target's Cat & Jack."
Three national brands filed trade-dress lawsuits against retailers this year over allegedly confusing similarities between products: Mondelez sued Aldi over lookalike cookie packages; Lululemon sued Costco over apparel; and JM Smucker sued Trader Joe's over frozen PB&J sandwiches resembling Smucker's Uncrustables. Legal and IP experts expect more such cases as private-label brands gain market share. Rising costs have pushed consumers toward store brands like Kirkland Signature, Great Value, and Cat & Jack. Amazon and Whole Foods shoppers bought 15% more private-label products last year compared to 2023, reflecting growing consumer acceptance of retailer-owned brands.
Read at Business Insider
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