Aldi liable for ‘flagrant’ copyright breach of rival brand’s packaging, federal court finds
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Supermarket giant sought to use Baby Bellies’ designs for ‘its own commercial advantage’, judge says. Supermarket giant Aldi has been found liable for copyright infringement over packaging for children’s snack foods that used a rival brand as a “benchmark” for its design.
![[The Bellies and Baby Puffs blueberry branding]](https://i.guim.co.uk/img/media/8b1d6ae3fd64d010984c75b285b09216f4ddce17/0_0_1760_900/master/1760.jpg?width=445&dpr=1&s=none&crop=none)
Aldi – which once used the slogan “like brands, only cheaper” – launched a rebrand of a range of children’s snack food products including fruit-flavoured corn puffs under the Mamia brand in August 2021. The packaging featured a cartoon owl smiling on the packaging above images of the food. In October, Hampden Holdings, the owner of a rival brand, Baby Bellies, sent the supermarket a letter alleging copyright infringement, ultimately leading to Hampden Holdings taking Aldi to court in relation to 11 product designs.
Federal court justice Mark Moshinsky on Tuesday found Aldi was liable for copyright infringement for its puff products – three of 11 products Hampden had sought orders against – describing the conduct as “flagrant”. “Aldi sought to use for its own commercial advantage the designs that had been developed by a trade rival,” he said. “Although Aldi may have intended, if possible, to avoid infringement and legal liability, it took the risk that its use of the Bellies designs would exceed what the law allows. I consider Aldi’s conduct to be flagrant.”.
Evidence presented to court showed emails between Aldi and the design firm Aldi had recruited in 2018 to redesign the packaging for its Mamia products, and the buying director for the product had set the Bellies redesigned packaging as the “benchmark” for the design as the market leader.
