TODAY, THE DISTRICT COURT OF GELDERLAND, SITTING IN ARNHEM, RULED IN FAVOR OF BIRKENSTOCK IN A LANDMARK COPYRIGHT CASE CONCERNING LIDL’S LOOKALIKES OF BIRKENSTOCK’S CLASSIC SANDALS.
The court issued an injunction prohibiting Lidl from selling unauthorized copies of BIRKENSTOCK’s iconic Arizona, Madrid, Gizeh, Boston and Florida models. It held that all of Lidl’s sandals at issue infringe, in particular, the copyright in the footbed design of the BIRKENSTOCK sandals.
The court ordered that:
- Lidl must cease offering all of the infringing sandals in the Netherlands, subject to a penalty of €5,000 per day of non-compliance;
- Lidl must provide a declaration detailing its sales and orders;
- Lidl must compensate BIRKENSTOCK for the damage caused, with the amount to be determined in separate proceedings; and
- Lidl must reimburse BIRKENSTOCK’s legal costs, the amount of which will likewise be determined in separate proceedings.
This is the second time that a Dutch court has reached a conclusion different from that of the German Federal Court of Justice (BGH), which denied copyright protection for BIRKENSTOCK sandals last year.
On 12 November 2025, the District Court of Midden-Nederland ordered shoe retailer Scapino to cease selling BIRKENSTOCK lookalikes. That judgment is currently under appeal.
Shortly afterwards, on 4 December 2025, the Court of Justice of the European Union (CJEU) confirmed in its Mio and konektra judgment that products of industrial design, such as the iconic BIRKENSTOCK sandals, may qualify for copyright protection if they are the expression of the author’s own intellectual creation and reflect free and creative choices.
Today’s judgment of the Arnhem court is a first-instance decision and may still be appealed. BIRKENSTOCK will continue to defend its rights vigorously and will use all available legal means to combat imitations of its iconic products.
To protect its retail partners and consumers, BIRKENSTOCK will continue to take decisive action against copycats seeking to profit from the company’s creative ideas and innovations.
The message is clear: Copycats must not be allowed to free-ride on BIRKENSTOCK’s creativity and innovation.
