Aldi has once again lost the copyright case brought by Little Bellies after the appellate court not only upheld the original ruling but also extended it to some additional products.

The Australian-founded baby and toddler snack brand scored its landmark victory against the supermarket giant in 2024 when the Federal Court found that three products within the Aldi Mamia toddler snack range infringed its design copyright. 

The case was considered novel at the time as it was the first claim of copyright infringement against Aldi in Australia. It began after Aldi redesigned the toddler snack range, with evidence in the original proceedings showing Little Bellies had been used as a benchmark during the design process. 

Aldi appealed the ruling, while Little Bellies also lodged a cross-appeal arguing that the judgment should have extended to additional products within the Mamia range. 

During the recent trial, the Full Court upheld the findings regarding the original products and found that two additional products also infringed Little Bellies’ copyright, taking the total from three to five. The Court also upheld the finding that Aldi was liable for additional damages. 

Little Bellies co-founder and MD Clive Sher welcomed the ruling, saying that the outcome was an “important vindication” for brand owners that invest significantly in their intellectual property. 

“Taking on a global retailer is not something any independent business does lightly. We pursued this because we believed the principle mattered, and we hope this decision gives other Australian brands greater confidence that their creative work and brand equity can and should be protected,” Sher said.

The matter has been returned to the primary judge for the determination of damages.