Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452

Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452

Applicants established copyright ownership in the B&B Works and Mota Works as of the relevant dates through assignment deeds. Aldi’s packaging for baby puffs products (Impugned Puffs Works) reproduced a substantial part of applicants’ works, amounting to copyright infringement under s 36 and s 38. The infringement was flagrant and supports additional damages. The Impugned Non-Puffs Works did not reproduce a substantial part and are not infringing. The threats made by applicants concerning the Impugned Puffs Works were not unjustifiable.

Parties
First Applicant: Hampden Holdings I.P. Pty Ltd; Second Applicant: Lacorium Health Australia Pty Ltd; Respondent: Aldi Foods Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 2024
Procedural Posture
Copyright Infringement and Cross Claim / Post Liability Judgment, Listed for Case Management Hearing
Outcome
Applicants’ claim succeeded in part (Impugned Puffs Works) but not for Impugned Non-Puffs Works; cross-claim dismissed subject to clarification; matter listed for case management hearing.
Legal Topics
Copyright, Copyright Infringement, Artistic Works, Packaging Designs, Substantial Part Reproduction, Ownership and Assignment of Copyright, Additional Damages, Unjustified Threats
Intellectual Property Copyright Copyright Infringement Artistic Works Packaging Designs Substantial Part Reproduction Ownership and Assignment of Copyright Additional Damages +1 more

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Parties

Hampden Holdings I.P. Pty Ltd

First Applicant

Lacorium Health Australia Pty Ltd

Second Applicant

Aldi Foods Pty Ltd

Respondent

Procedural Posture

Copyright Infringement and Cross Claim / Post Liability Judgment, Listed for Case Management Hearing

Legal Issues

  1. 1 Whether Hampden and/or Lacorium own the copyright in the relevant works
  2. 2 Whether Aldi's designs reproduced a substantial part of the applicants' works
  3. 3 Whether Aldi is liable for additional damages

Ratio Decidendi

Applicants established copyright ownership in the B&B Works and Mota Works as of the relevant dates through assignment deeds. Aldi’s packaging for baby puffs products (Impugned Puffs Works) reproduced a substantial part of applicants’ works, amounting to copyright infringement under s 36 and s 38. The infringement was flagrant and supports additional damages. The Impugned Non-Puffs Works did not reproduce a substantial part and are not infringing. The threats made by applicants concerning the Impugned Puffs Works were not unjustifiable.

Court Disposition

Applicants’ claim succeeded in part (Impugned Puffs Works) but not for Impugned Non-Puffs Works; cross-claim dismissed subject to clarification; matter listed for case management hearing.

Orders

  • The matter be listed for a case management hearing on a date to be fixed.