Supermarket group ALDI, known for its house brands that look and feel like well known goods, has been found to have breached copyright.
The Federal Court decided ALDI's Mamia Baby Puffs was a flagrant breach of the copyright of Little Bellies Fruit Puffs.
The claim by Hampden Holdings was for breach of copyright and not that Aldi had engaged in "passing off or misleading or deceptive conduct".
The judge, Justice Moshinsky, said that an infringement of copyright had been established.
"I am satisfied that 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," he 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."
Damages have not been decided.
However, the judge noted Aldi continued to sell its Baby Puffs products in packaging bearing the Impugned Puffs Works for some months after Hampden’s lawyers sent a letter of demand.
Have something to say on this? Share your views in the comments section below. Or if you have a news story or tip-off, drop us a line at adnews@yaffa.com.au
Sign up to the AdNews newsletter, like us on Facebook or follow us on Twitter for breaking stories and campaigns throughout the day.