EPISODE · Jan 14, 2026 · 8 MIN
Aldi, Dupes and IP Law: When “Inspired By” Goes Too Far - Ep 7
from Elise Explains IPcast · host elisesteegstra
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.
What this episode covers
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.
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Aldi, Dupes and IP Law: When “Inspired By” Goes Too Far - Ep 7
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