The German supermarket chain Aldi has been ordered to pay damages for copyright infringement after using packaging similar to a Sydney-based baby food brand.
Aldi is facing a significant damages payment for replicating the packaging of a Sydney-based baby food brand, marking a rare instance of the German supermarket chain violating Australian law. The grocery store is renowned for drawing inspiration from competitor brands in marketing its own products, a strategy prominently featured in its long-running “Like Brands. Only Cheaper” advertising campaign.
This approach has proven successful, allowing it to fend off previous Australian lawsuits regarding Cheezy Twists (Aldi’s equivalent to Twisties) and its Moroccan Argan Oil hair care products. However, the Federal Court ruled that Aldi infringed on a rival’s copyright by copying a substantial portion of the packaging for three Baby Bellies products. Sydney-based children’s food company Every Bite Counts (EBC) sells snacks under the brand names Baby Bellies, Little Bellies, and Mighty Bellies. These “Bellies” brands are owned by a related company, Hampden Holdings I.P. Pty Ltd, and licensed to EBC. Hampden initiated Federal Court action in 2022 after Aldi began selling puffed corn snacks under its in-house baby brand, Mamia, in August 2021, using packaging similar to the Baby Bellies design. They claimed Aldi engaged in copyright infringement by reproducing a substantial portion of their packaging designs, which are considered “artistic works” protected by copyright law. The Federal Court agreed. Justice Mark Moshinsky stated that Aldi’s packaging replicated a series of layout and design elements from the Baby Bellies designs, including “a small, oval-shaped cartoon character, with a large, light-coloured belly”, a “rounded, childlike font”, and photographic images of the product and ingredients on the right side of the packet. He concluded this constituted a substantial portion of the Baby Bellies packaging designs, and that Aldi had infringed on copyright. Additionally, Moshinsky determined that Aldi did not infringe copyright in eight other packaging designs
ALDI AUSTRALIA COPYRIGHT DAMAGES PACKAGING
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