Birkenstock wins Dutch copyright ruling
The District Court of Midden Nederland in Utrecht has ruled in favour of Birkenstock in a copyright case against Dutch retailer Scapino.
The court ordered Scapino to stop selling lookalike versions of the Arizona, Madrid and Florida sandals, provide sales data from August 2024, and pay more than €50,000 in legal costs. Non compliance could lead to penalties of up to €100,000.
The ruling contrasts with a February 2025 decision by the German Federal Court of Justice, which found Birkenstock sandals were not eligible for copyright protection. The Dutch court acknowledged that ruling but reached a different outcome. Claims relating to the Boston and Gizeh models were dismissed, although Birkenstock may pursue these further.
The decision comes ahead of a December 4, 2025 judgment from the European Court of Justice in the Mio and konektra case, expected to clarify EU rules on copyright protection for product designs. Courts in France and Italy have already recognised similar applied art protections.
Birkenstock said it will continue using legal channels to challenge imitation products and protect its partners and customers.
