08 April 2026
In today’s competitive retail landscape, packaging is much more than just a container—it’s a brand’s silent salesperson, shaping consumer perception and driving purchasing decisions. With thousands of products vying for attention on store shelves, businesses invest heavily in distinctive packaging to stand out. However, this also makes them vulnerable to imitation, leading to legal battles over intellectual property rights. Recent cases highlight how companies are using trade marks, copyright, and consumer law to defend their packaging designs.
Why Packaging Protection Matters
Consumers make split-second decisions when choosing products, often guided by the colours, shapes, and layouts of packaging. A well-designed package creates brand recognition and builds trust—whether it’s a premium minimalist look or a fun, family-friendly aesthetic. When competitors mimic these elements, it can mislead customers and dilute a brand’s reputation.
To prevent this, businesses are turning to intellectual property (IP) protection to safeguard their packaging. Trade marks, Designs, copyright, and consumer protection laws offer different ways to defend against copycats.
The Thatchers Cider Case: Securing Trade Mark Rights for Packaging
UK cider brand Thatchers recognised early on that its packaging was a key part of its identity. Its lemon cider packaging, featuring a signature green and gold colour scheme, orchard illustrations, and classic typography, became instantly recognisable to consumers.
To prevent imitation, Thatchers trade marked its packaging design. This move proved crucial when Aldi, the global discount supermarket, launched a cider with a strikingly similar look. Thatchers took legal action, arguing that Aldi’s product could confuse shoppers into thinking they were buying Thatchers cider.
The UK Court of Appeal ruled in Thatchers’ favour, stating that packaging design, when distinctive enough, can be protected as a trade mark. This case reinforced that packaging isn’t just functional—it can be a legal asset that businesses should actively protect.
Would This Case Have Played Out Differently in Australia?
If this case had occurred in Australia, Thatchers might have pursued Aldi under the Australian Consumer Law (ACL), which prohibits misleading or deceptive conduct. While trade mark protection helped Thatchers in the UK, Australian consumer law offers an additional layer of defence by focusing on how packaging influences consumer behaviour.
However, Australian courts may have been stricter in determining whether packaging alone constitutes a trade mark. This highlights the importance of securing multiple forms of IP protection.
The Little Bellies Case: Using Copyright to Protect Packaging Design
In Australia, baby food brand Little Bellies took a different legal approach when Aldi launched a product with near-identical packaging. Lacking trade mark protection, Little Bellies relied on copyright law, arguing that Aldi had copied their original artwork and layout.
Little Bellies successfully demonstrated that Aldi’s Mamia Baby Puffs packaging was a near replica, featuring the same playful design elements, characters, and colour scheme. The Federal Court of Australia ruled in favour of Little Bellies, reinforcing that copyright can protect packaging, particularly when artistic elements are central to brand identity.
How to Protect Your Packaging
To prevent imitation, businesses should consider a multi-layered IP strategy, which may include:
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Trade Marks – Protect distinctive brand elements like logos, colour schemes, or design layouts.
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Copyright – Safeguard original artistic elements, such as illustrations and unique typography.
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Consumer Law Protections – Challenge misleading packaging that could confuse consumers.
Final Thoughts: Packaging as a Competitive Advantage
The battle for shelf space is fierce, and packaging plays a crucial role in brand success. As the cases of Thatchers and Little Bellies show, businesses that fail to protect their packaging risk losing their unique market presence.
By securing the right IP protections, brands can safeguard their designs, maintain consumer trust, and prevent competitors from riding on their success. Whether through trade marks, copyright, or consumer law, protecting packaging isn’t just a legal necessity—it’s a smart business move.
