It’s a familiar experience for many Australians. Shopping at discount supermarket chain Aldi, you see an off-brand product that looks similar to a major brand’s product you know and love. You decide to buy it, because not only does it look familiar, it also costs much less than you would pay elsewhere.
Aldi has successfully used this dupe or “lookalike” strategy for decades. However, the approach is not without risk, particularly in the eyes of Australian copyright law.
Last week, Aldi lost a bid to overturn a 2024 Federal Court ruling that the packaging on three products in its Mamia baby snack range infringed the copyright of the rival Bellies brand, owned by a company called Hampden Holdings IP.
Here’s what this case can tell us about the line between being inspired by a competitor’s design, versus infringing on copyright.