Australian Aboriginal art and cultural expression is of major importance to Aboriginal artists and communities across Australia. “Aboriginal art” in the form of cultural expression is tied to identity, knowledge and connectedness to ancestors, land and sea country that has existed since time immemorial and which has been passed down through generations. The existence of products in the tourist and souvenir market that mimic authentic Aboriginal cultural expression has been a problem in Australia for decades. Recently, this so-called “fake art” was considered by the Federal Court of Australia (Federal Court) in the case involving the Australian Competition and Consumer Commission (ACCC) and Birubi Art Pty Ltd (Birubi). For the purposes of this article, the reference to “fake Aboriginal souvenirs” is intended to mean souvenir products made in an Aboriginal “style” without the actual involvement or knowledge of an Aboriginal person. [---]