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Aldi, Dupes and IP Law: When “Inspired By” Goes Too Far - Ep 7
Aldi, Dupes and IP Law: When “Inspired By” Goes Too Far
Episode summary
Aldi is no stranger to headlines for its lookalike products — often called “dupes”. But when does copying cross the legal line from legitimate competition into intellectual property infringement?
In this episode of Elise Explains IP, Elise unpacks the legal risks behind dupe culture and explains how courts in Australia and the UK are responding. Using two recent and high-profile decisions — Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd in Australia and the Thatchers v Aldi case in the UK — Elise explores how copyright and trade mark law can be used to protect brand owners against copycat packaging.
This episode is essential listening for brand owners, founders, marketers, and anyone developing or launching consumer products.
What we cover
What a “dupe” actually is — and why they are legally controversial
Aldi’s long-running strategy of lookalike products
Why Australian courts often reject trade mark confusion arguments
How copyright in packaging design can succeed where trade marks fail
The Federal Court’s findings in Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
What “substantial part” means in copyright infringement
Why Aldi was ordered to pay additional damages
The UK decision in Thatchers Cider Company Ltd v Aldi Stores Ltd
How “unfair advantage” works in trade mark law — even without confusion
Practical IP lessons for businesses navigating competitive markets
Key takeaways
You do not need identical branding for infringement — overall impression matters
Copyright can be a powerful and under-used weapon against copycat packaging
Intent and internal design instructions can be critical evidence
Trade mark law increasingly focuses on unfair advantage, not just consumer confusion
A layered IP strategy is essential for brands vulnerable to imitation
Cases discussed
Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
Thatchers Cider Company Ltd v Aldi Stores Ltd (UK Court of Appeal)
Who should listen
Brand owners and founders
FMCG and retail businesses
Marketing and product teams
Designers and creative agencies
In-house counsel and legal advisors
Anyone curious about how far “inspiration” can legally go
About the podcast
Elise Explains IP breaks down intellectual property law into practical, real-world insights for business owners and professionals. No jargon. No fluff. Just clear explanations of how IP law works — and how to use it.
View all episodes
By elisesteegstraAldi, Dupes and IP Law: When “Inspired By” Goes Too Far
Episode summary
Aldi is no stranger to headlines for its lookalike products — often called “dupes”. But when does copying cross the legal line from legitimate competition into intellectual property infringement?
In this episode of Elise Explains IP, Elise unpacks the legal risks behind dupe culture and explains how courts in Australia and the UK are responding. Using two recent and high-profile decisions — Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd in Australia and the Thatchers v Aldi case in the UK — Elise explores how copyright and trade mark law can be used to protect brand owners against copycat packaging.
This episode is essential listening for brand owners, founders, marketers, and anyone developing or launching consumer products.
What we cover
What a “dupe” actually is — and why they are legally controversial
Aldi’s long-running strategy of lookalike products
Why Australian courts often reject trade mark confusion arguments
How copyright in packaging design can succeed where trade marks fail
The Federal Court’s findings in Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
What “substantial part” means in copyright infringement
Why Aldi was ordered to pay additional damages
The UK decision in Thatchers Cider Company Ltd v Aldi Stores Ltd
How “unfair advantage” works in trade mark law — even without confusion
Practical IP lessons for businesses navigating competitive markets
Key takeaways
You do not need identical branding for infringement — overall impression matters
Copyright can be a powerful and under-used weapon against copycat packaging
Intent and internal design instructions can be critical evidence
Trade mark law increasingly focuses on unfair advantage, not just consumer confusion
A layered IP strategy is essential for brands vulnerable to imitation
Cases discussed
Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
Thatchers Cider Company Ltd v Aldi Stores Ltd (UK Court of Appeal)
Who should listen
Brand owners and founders
FMCG and retail businesses
Marketing and product teams
Designers and creative agencies
In-house counsel and legal advisors
Anyone curious about how far “inspiration” can legally go
About the podcast
Elise Explains IP breaks down intellectual property law into practical, real-world insights for business owners and professionals. No jargon. No fluff. Just clear explanations of how IP law works — and how to use it.