Aldi sued over ‘copycat’ snacks
In this article (5)
Australian children’s snack food brand Little Bellies is suing German supermarket chain Aldi for alleged copyright breaches of several organic fruit and vegetable puff snacks.
Aldi, which famously mimics well-known brands and creates comparable in-house products at a much cheaper price, has emerged victorious in several legal battles in Australia since it launched here in 2001.
US snack food giant Frito-Lay sued Aldi in 2001 over its Cheezy Twists, alleging a breach of its Twisties trademark. Frito-Lay won the first battle in the Federal Court, but Aldi appealed and had the ruling overturned.
In 2015, Israeli beauty company Moroccanoil Israel sued Aldi for alleged trademark breaches of its Moroccan Argan Oil hair care products. Moroccanoil lost the original case, and an appeal.
The owners of Little Bellies hope a different tack – suing for an alleged copyright infringement – may yield a different outcome.
The holding company that owns the intellectual property for the Baby Bellies, Little Bellies and Mighty Bellies snack ranges, Hampden Holdings IP, alleges Aldi has ripped off its Organic Blueberry Puffs, Organic Apple & Cinnamon Puffs and Organic Carrot Puffs since at least August 2021.
Hampden Holdings licenses the brands to Every Bite Counts. According to regulatory filings, both firms are owned by brothers Steven and Clive Sher.
In Britain, supermarket chain Marks & Spencer sued Aldi for copyright infringement of its light-up Christmas gin bottle. Last month, the High Court in London ruled Aldi infringed on M&S’s copyright. A second copyright dispute between the two companies over a caterpillar cake was settled, and Aldi made a number of tweaks to its design.
Aldi is not the only discount chain that has been targeted in legal action. Fellow German discount chain Lidl was sued last year by Lindt & Sprüngli over its well-known chocolate gold bunnies. A Swiss court ordered Lidl to destroy the bunnies and prohibited their sale, saying they infringed Lindt’s trademark.
Questions & Answers
Q.Which specific snack products are involved in the current copyright dispute between Little Bellies and Aldi?
Which specific snack products are involved in the current copyright dispute between Little Bellies and Aldi?
Hampden Holdings IP alleges Aldi copied their Organic Blueberry Puffs, Organic Apple & Cinnamon Puffs, and Organic Carrot Puffs. These are part of the Baby Bellies, Little Bellies, and Mighty Bellies snack ranges.
Q.What is the key difference in the legal approach Little Bellies is taking compared to previous cases against Aldi?
What is the key difference in the legal approach Little Bellies is taking compared to previous cases against Aldi?
Little Bellies is suing for alleged copyright infringement, which the owners hope will yield a different outcome. Previous Australian cases against Aldi mentioned in the article involved trademark breaches.
Q.What was the outcome of the recent copyright dispute between Aldi and Marks & Spencer in the UK?
What was the outcome of the recent copyright dispute between Aldi and Marks & Spencer in the UK?
Last month, the High Court in London ruled that Aldi had infringed M&S's copyright regarding its light-up Christmas gin bottle. Another dispute over a caterpillar cake was settled by Aldi making design changes.
Q.Who owns the intellectual property for the snack brands involved in the lawsuit against Aldi?
Who owns the intellectual property for the snack brands involved in the lawsuit against Aldi?
Hampden Holdings IP owns the intellectual property for the Baby Bellies, Little Bellies, and Mighty Bellies snack ranges. This company licenses the brands to Every Bite Counts, and both are owned by brothers Steven and Clive Sher.