Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 (19 August 2026) (Burley, Moore and Owens JJ)

Catchwords: COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side comparison of the copyright and impugned works – whether substantial part reproduced – proper role of layout and design and “look and feel” – whether primary judge erred by finding liability for additional damages – whether to undertake a reconsideration of copyright liability