It is a rare example of Aldi falling foul of Australian law in executing its “Like Brands. Only Cheaper” strategy.
Aldi is facing a hefty damages bill for copying a Sydney-based baby food brand’s packaging, in a rare example of the German supermarket giant falling foul of Australian law.
It alleged Aldi had engaged in copyright infringement by reproducing a substantial part of its packaging designs, which are “artistic works” protected by copyright law. The Federal Court agreed. The design agency made a note after a meeting with Aldi in May 2019: “Please follow the architecture of Baby Bellies and use photographic imagery.”
The judge said that “Aldi sought to use for its own commercial advantage the designs that had been developed by a trade rival”. University of Sydney Law School Professor David Rolph said: “This case is unusual because it’s based on copyright infringement. Most claims have been for misleading or deceptive conduct or passing off or trade mark infringement.
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