LINZ AM RHEIN, Germany and UTRECHT, Netherlands, Nov. 14, 2025 /PRNewswire/ -- The District Court of Midden-Nederland (location Utrecht) in the Netherlands has ruled in favour of BIRKENSTOCK in a major copyright case against the Dutch shoe retailer Scapino. The court issued an injunction prohibiting Scapino from selling unauthorized copies of BIRKENSTOCK's well-known, iconic Arizona, Madrid, and Florida sandal models. While it is a first instance decision which is not final and can still be appealed, the ruling is likely to attract widespread attention as it comes to a different result than a decision by the German Federal Court of Justice (BGH) in a similar case. It comes ahead of a landmark ruling by the European Court of Justice (ECJ) in the Mio and konektra case which is expected for December 4, 2025 and which will address key issues relating to copyright protection for product design at EU level.
Under the ruling, Scapino must immediately cease the sale and offering of infringing products or face a penalty of up to €100,000. In addition, the retailer has been ordered to disclose sales data dating back to August 2024 and pay more than €50,000 in legal costs. Although the claims relating to the Boston and Gizeh models were denied, BIRKENSTOCK expressed confidence that it will prevail in possible appeal proceedings regarding those designs as well. This decision stands out because the German Federal Court of Justice (Bundesgerichtshof) ruled in February 2025 that BIRKENSTOCK sandals are not eligible for copyright protection. The Dutch court, acknowledged that judgment but explicitly stated that it had "reached a different conclusion in this case."
BIRKENSTOCK counts on landmark decision by the European Court of Justice
The latest court ruling reinforces BIRKENSTOCK's strategy of taking a European approach to invoking its copyrights. Yesterday's decision by the District Court of Midden-Nederland is in line with other European jurisdictions which also protect works of applied art and fashion. For instance, the Trial Court of Paris has upheld copyright protection in France for ballerina shoes (judgment of October 28, 2016 - 15/02714) and sandals (judgment of October 21, 2011 - 10/15594) and the Tribunal Judiciaire de Paris granted copyright protection for a handbag (judgment of February 7, 2025 - 22/09210) and the Tribunale di Milano has granted copyright protection to "Moon Boots" in Italy (judgment of January 25, 2021 - 491/21). The ECJ's ruling in case Mio/konektra is expected to uphold this practice.
BIRKENSTOCK will continue to fight for its own position in court and will use all legal means to defend itself against imitations of its iconic products. To protect its retail partners and consumers, BIRKENSTOCK will continue to take action against imitations.
INFORMATION
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PRESS INQUIRIES
Birkenstock Group B.V. & Co. KG
Burg Ockenfels
53545 Linz am Rhein
Germany
Postal address:
BIRKENSTOCK Group
Lenbach Palais
Lenbachplatz 3
80333 Munich
Germany
ABOUT BIRKENSTOCK
BIRKENSTOCK is a global brand which embraces all consumers regardless of geography, gender, age and income and which is committed to a clear purpose - maintaining foot health. Deeply rooted in studies of the biomechanics of the human foot and footed on a family tradition of shoemaking that can be traced back to 1774, BIRKENSTOCK is a timeless "super brand" with a brand universe that transcends product categories and ranges from entry-level to luxury price points while addressing the growing need for a conscious and active lifestyle. Function, quality, and tradition are the core values of the lifestyle brand which features products in the footwear, sleep system, and natural cosmetics segments. BIRKENSTOCK is the inventor of the footbed and has shaped the principle of walking as intended by nature ("Naturgewolltes Gehen").
With around 6,200 employees worldwide, we believe how things are made matters as much as the product itself. To ensure these quality standards, we operate a vertically integrated manufacturing base and produce all our footbeds in Germany. In addition, we assemble over 95% of our products in Germany and we source over 90% of our materials and components from Europe. We process our inputs to the highest environmental and social standards in the industry by operating state-of-the-art scientific laboratories for materials testing.
In Germany, BIRKENSTOCK runs operational sites in the states of North Rhine-Westphalia, Rhineland-Palatinate, Hesse, Bavaria, Saxony, and Mecklenburg-Western Pomerania Headquartered in Linz am Rhein, the BIRKENSTOCK Group also operates its own sales offices in the United States and Canada as well as in Brazil, Japan, Denmark, Poland, Switzerland, Sweden, Spain, the United Kingdom, France, Norway, the Netherlands, Dubai, Singapore, India and Korea.
Birkenstock Group B.V. & Co. KG
Burg Ockenfels, Linz am Rhein, Germany
For further information, please visit www.birkenstock-group.com
You can find our online shop at www.birkenstock.com
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