Is “Inspired By” Packaging Copyright Infringement? Aldi v Hampden Explained - Ep 41

Back in Episode 7, we covered the trial decision in Aldi v Hampden — the case about Aldi's MAMIA baby snack packaging and its similarities to Hampden's BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES range. This episode covers what happened next: the Full Federal Court appeal, and why it matters for anyone who's ever briefed a designer to “get inspired by” a competitor.

At trial, the result was mixed — three of Aldi's eleven products (the “puffs” range) were found to infringe Hampden's copyright, the other eight weren't. Both sides appealed. On appeal, the Full Court found the trial judge's whole method had a problem: reducing packaging down to a checklist of abstract “design elements” (present or absent) isn't how copyright infringement is properly assessed. It requires a genuine side-by-side comparison of the actual works, and proper weight given to how original the copied elements really are.

Hampden's own case didn't help matters either — its argument leaned on a shared “look and feel” across all nine of its designs, rather than comparing specific works pair by pair. The Full Court was clear: copyright protects a particular work, not a style or vibe running across a whole range.

The Full Court redid the infringement analysis properly, work by work. The puffs findings largely held up, and some of the previously “not infringing” products were brought into the infringing column too — partly because Hampden had narrowed its own comparator works, which the Court suggested may have left some stronger arguments on the table. On damages, Aldi's own paper trail — the instruction to “follow the architecture,” the internal note that a draft was “too close to our benchmark” — was central to the finding that its conduct was flagrant enough to justify additional damages.

Key takeaways

• Benchmarking a competitor isn't automatically illegal — being inspired by what's working in your market is normal.
• How you document that process matters enormously. Instructions like “match this, but not too closely” can become the strongest evidence against you.
• Copyright protects a specific work, not a general “look and feel” — for both claimants and defendants.
• Originality evidence is central to infringement, not just to proving copyright exists in the first place.
• Keep records of your own design process — including your inspiration board — so you can show how you diverged, not just that you were inspired.

Resources mentioned

• Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103: https://jade.io/article/src/1245709/3192390/0
• Episode 7 — “Aldi and Dupes — When Inspiration Becomes Infringement” — www.elisesteegstra.com/007
• Free IP Risk & Ownership Audit — www.elisesteegstra.com/ip-audit
• Book a Strategy Call — https://calendly.com/elisesteegstra/30min

This episode is general information, not legal advice — if you want help with your own branding or packaging IP, book a Strategy Call any time.