Little Bellies wins landmark copyright case against Aldi

Snack food brand Little Bellies parent Every Bite Counts has won a copyright infringement claim against supermarket giant Aldi, a case that was described as unprecedented in Australia.

Justice Moshinsky recently found that various Aldi packaging infringed artistic works of Little Bellies’ cornerstone range of children’s snack food products.

The case was considered novel as it is the first claim of copyright infringement against Aldi in Australia.

During proceedings, Aldi testimony stated it wanted to choose a leading brand as a preference for the packaging design of its private label Mamia. Little Bellies was confirmed as the benchmark for preference.

Meanwhile, Little Bellies said the conduct was much more than “copying the vibe” and rather “speaks to everything the company has worked to represent through their brand image and messaging”.

Clive Sher, the brand’s co-founder and MD, said the proceedings were launched three years ago and cost a significant amount.

“This is a landmark court case for Australia in a true David v Goliath story,” Sher added.

In his ruling, Justice Moshinsky said Aldi took the risk that its use of the Bellies designs would exceed what the law allows.

“I consider Aldi’s conduct to be flagrant. Further, I consider that an award of additional damages is appropriate to deter similar infringements of copyright,” he said.

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