Birkenstock has recently enjoyed a successful outing at the District Court in Midden-Nederland, whereby the court has issued an interim injunction against the defendant, Scapino, for allegedly copying several of Birkenstock’s clog designs.
This ruling, however, contradicts the decision made in February 2025 by Germany’s Federal Court of Justice regarding whether Birkenstocks were protected by copyright or by the alternative design right. The German court held that the design of Birkenstock’s clogs do not qualify as works of art and thus are ineligible for copyright protection.
With the Dutch court departing from the German court’s decision, Scapino has been ordered to cease their infringement upon Birkenstock’s copyright or else face damages payable to Birkenstock of up to €100,000 (£87,989.50), as well as being held liable for reimbursing Birkenstock’s legal costs.
While Scapino is at liberty to appeal the decision, all eyes will now turn to the European Court of Justice and its findings in the upcoming decisions of Mio/kenektra, whereby the court will seek to finally harmonise the standards for copyright protection in the EU.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
