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ARTICLE · 04 SEPTEMBER 2026

Good Different, Or Not Different Enough? Aldi Infringes Hampden’s Copyright In Snack Packaging

K&L Gates
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The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

AustraliaIntellectual Property
Harrison Ottaway
Harrison Ottaway
Laura McFadzean
Laura McFadzean

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

The appeal concerned claims by Hampden that products marketed by Aldi under its MAMIA brand infringed copyright in the packaging of Hampden’s BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES baby and child food products.

The crux of the appeal was whether Aldi’s packaging reproduced a ‘substantial part’ of the relevant Hampden works within the meaning of the Copyright Act 1968 (Cth).

At trial, Justice Moshinsky found that the packaging of three Aldi products (the puff works) reproduced a substantial part of Hampden’s copyright works, whereas six other products (non-puff works) did not have the requisite degree of similarity.

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