Gestalt Law represents Every Bite Counts (EBC), a market leader in providing healthy, delicious foods for babies, toddlers, and kids under the brand name LITTLE BELLIES.

Discount supermarket chain, ALDI is well known for its practice of “benchmarking” its products against those of established competitors, including by reference to their product presentation and packaging.

In December 2024, we reported on client Little Bellies’ successful copyright infringement proceedings against ALDI concerning ALDI’s MAMIA range of baby and children’s snack food packaging.

ALDI appealed that decision and Little Bellies cross-appealed.  On 19 August 2026, the Full Court of the Federal Court delivered its judgment in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103.

The result is an even better one for Little Bellies.

At first instance, three ALDI packaging artworks were found to infringe Little Bellies’ copyright. In the Appeal, the Full Court found that ALDI infringed copyright through its packaging for two additional products, meaning that Little Bellies has ultimately established infringement in relation to five ALDI works.

Importantly, the Full Court also upheld the primary judge’s decision to award additional damages against ALDI. The Court endorsed the finding that ALDI had deliberately sought to obtain a commercial advantage by emulating Little Bellies’ packaging while attempting to stay on the right side of the infringement line. As the Full Court put it, ALDI had deliberately courted that risk and, having chosen to conduct its business in that manner, ran the risk that infringement would result in additional damages.

The Full Court concluded that there was no basis to set aside the additional damages order, which will now apply to the broader set of infringing ALDI works.

The decision is another important development for brand owners seeking to protect distinctive packaging from deliberate imitation.  Whilst copyright does not confer a monopoly over a product’s general “look and feel”, the case demonstrates the high risks involved in deliberately using a competitor’s packaging as a benchmark and seeking to emulate its creative work without crossing what is perceived to be the legal line.

Lance Scott, Principal, and Clare Liang, Trade Mark Attorney of Gestalt Law, represent EBC/Little Bellies.

Our Counsel were John Hennessy SC and Sam Hallahan.

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