How Store Brand Evolution May Influence IP Cases
Law360, 2025
Recent lawsuits such as J.M. Smucker v. Trader Joe’s and Mondelēz v. Aldi have highlighted the fine line between healthy competition and unlawful imitation in the grocery sector. National-brand manufacturers have argued that certain private-label products too closely resemble the packaging and trade dress of established branded items.
In an article published in Law360, Analysis Group Principal Laura O’Laughlin, Vice President Elizabeth Milsark, and Manager Justin LaTorraca examine how the rise of private-label products and the evolution of grocery retail formats are reshaping traditional assessments of consumer confusion under the Lanham Act. They discuss how limited-assortment retailers such as Aldi and Trader Joe’s use brand strategies that blur distinctions between retailer and manufacturer, thereby influencing consumer perceptions of source, sponsorship, or affiliation.
The article further explores how differences in retail context – whether branded and private-label products share shelf space or appear primarily in curated, limited-assortment stores – may affect how courts assess similarity, competitive proximity, evidence of confusion, and consumer care. The authors note that “assessing consumer confusion in the private-label setting requires attention to how retail format, assortment strategy, and consumer expectations interact.” As private-label programs continue to gain loyalty and market share, they suggest, courts and litigants may need to reexamine how retail environment and assortment strategy shape consumer expectations and the potential for confusion.