Australian children’s snack food brand Little Bellies has won a copyright claim against Aldi after a court found the supermarket giant used its packaging as the “benchmark” for its design.
The discount retailer launched a range of fruit-flavoured corn puffs under the Mamia brand in August 2021, which featured a smiling cartoon owl above several corn puffs and blueberries.
This week federal court justice Mark Moshinsky said he was “satisfied” Aldi “deliberately developed” packaging for the Mamia baby puffs products that “resembled the packaging of the Bellies puffs products”.
“Aldi sought to use for its own commercial advantage the designs that had been developed by a trade rival,” Moshinsky 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.”
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Little Bellies co-founder and managing director Clive Sher described the proceedings as “a landmark court case for Australia in a true David v Goliath story”.
A spokesperson for Aldi declined to comment when contacted by 9News.com.au.
The action was taken by Hampden Holdings, which licenses intellectual property to the company Every Bite Counts.
Every Bite Counts sells children’s food products under the Baby Bellies, Little Bellies and Mighty Bellies.