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ARTICLE · 01 APRIL 2025

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Recent decision on copyright infringement: A puff piece

Clifford Gouldson Lawyers
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Recent copyright infringement case discussed.

AustraliaIntellectual Property
Ben Gouldson
Ben Gouldson
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In December 2024, the Federal Court of Australia handed down a judgment on a copyright dispute which may spell trouble for companies selling 'off-brand' products. Hampden Holdings IP v Aldi Food Stores concerned the Aldi brand Mamia, which was accused of copying the packaging designs of the children's snack brand Little Bellies.

Background

In 2018, the children's snack producer Every Bit Counts engaged the services of Lacorium Health Australia to design packaging for certain products under the Little Bellies brand. These were based on a redesign that UK design firm B&B Studio Ltd had done for the entire brand in 2017 and 2018. The packages all featured a cartoon, monster character and vertically 'stacked' text on the left-hand side. The right column of the design displayed the product and ingredients 'in a vertical composition'. All of this was set on a white background.

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