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 copycats who think they can make money from other people’s creative ideas and inventions. The message is: Copycats can’t be allowed to free ride!
