A court in the Netherlands has issued a significant first-instance ruling in favor of Birkenstock, granting the German footwear company a sweeping injunction against a fellow footwear brand for selling unauthorized copies of several of its most recognizable sandal models. In a recently-issued judgment that is already drawing international attention, the District Court in Midden-Nederland determined that Birkenstock’s Arizona, Madrid, and Florida designs qualify for copyright protection – a finding that stands in contrast with an earlier ruling from Germany’s highest court, which held that Birkenstock’s sandals do not meet the threshold for protection as works of applied art.
Though the ruling is not yet final and remains subject to appeal, its implications extend well beyond the Dutch market. The judgment lands squarely in the middle of an ongoing European debate over whether – and to what extent – product design, particularly in the fashion and footwear sectors, can receive copyright protection under EU law. That question is now squarely before the European Court of Justice (“CJEU”) in the closely watched Mio/konektra case, with a landmark decision expected on December 4.
A Strong Injunction and Financial Penalties
Under the Dutch court’s November 13 order, defendant Scapino must immediately stop offering and selling the infringing sandals or face a penalty of up to €100,000. The Dutch shoe retailer must also disclose sales data dating back to August 2024 and reimburse Birkenstock for more than €50,000 in legal costs. Notably, the Dutch court acknowledged the German Federal Court of Justice’s February 2025 decision denying copyright protection for Birkenstock’s sandals, yet stressed that it reached a different conclusion here, illustrating the diverging approaches taken by European courts on design protection.
“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,” Birkenstock said, pointing to the Trial Court of Paris upholding copyright protection in France for Tod’s shoes back in 2011 (10/15594) and the Tribunal Judiciaire de Paris granting copyright protection for Hermès handbags in February (22/09210). The company also noted that the Tribunale di Milano has granted copyright protection for Technica’s Moon Boot design in a judgment in 2021 (491/21).
“The CJEU’s ruling in the Mio/konektra case is expected to uphold this practice,” per Birkenstock.
Although the court rejected claims concerning the Birkenstock’s Boston and Gizeh models, the NYSE-traded company said in a statement that it remains confident it will ultimately prevail on those designs as well.
A Strategy Ahead of the CJEU’s Decision
For Birkenstock, the decision strengthens its European litigation strategy as it seeks to establish uniform, EU-wide recognition of its design rights. The company has increasingly leaned on European courts (rather than German courts, alone) to advance its position, and the newly-issued judgment (even at the district court level) could serve to support the argument that fashion-oriented product design can meet the originality threshold under EU copyright law.
The timing could not be more consequential: The CJEU’s forthcoming ruling in Mio/konektra is widely expected to clarify, and potentially harmonize, the standards for copyright protection of applied art across the European Union. If the CJEU endorses the more expansive approach adopted by courts in France, Italy, and now the Netherlands, it could shift the landscape for design-driven brands seeking protection against copycats.
In the meantime, Birkenstock has signaled that it will continue to pursue imitators aggressively. To protect its retail partners and consumers, the company stated, it will use every available legal mechanism to defend its iconic products – a strategy that now carries fresh momentum following the Dutch court’s decision.
Share
