German footwear brand, Birkenstock, has been successful in the Dutch courts, specifically the District Court of Gelderland, in its claim against supermarket chain Lidl, over their selling of ‘dupe’ sandals which Birkenstock alleged infringed copyright in its famous sandal designs.
This claim is the latest in a string of recent claims brought by Birkenstock in order to enforce its intellectual property rights. This case concerned Birkenstock’s Arizona, Madrid, Gizeh, Boston, and Florida sandals, in particular the iconic design of the footbed, and copyright therein. The Court found that the Lidl dupes did infringe the Birkenstock products in question and ordered that Lidl cease offering the infringing goods in the Netherlands, for which the penalty for non-compliance is €5,000 per day. Additionally, Lidl has been ordered to disclose its sales data relating to the infringing goods so that a proper assessment of the level of damages due can be calculated, which Lidl will be liable to pay as well as a contribution to Birkenstock’s legal costs.
This judgement differs to that decided in the German Federal Court of Justice last year, which denied that the Birkenstock sandals enjoyed copyright protection, on the basis that the sandals were functional in nature. However, in the present case, Birkenstock referenced a ruling made in the Court of Justice of the European Union in December 2025 which found that industrial designed products (though that case concerned furniture) can qualify for copyright protection so long as they reflect the author’s intellectual creation and own creative choices.
Birkenstock was also successful in a claim for copyright infringement against another shoe retailer, Scapino, in the District Court of Midden-Nederland in 2025, who were selling lookalike sandals, though that decision is currently subject to appeal. It will be interesting to see whether Lidl will appeal the present decision, though Birkenstock has expressed its intention to continue to vigorously enforce its IP rights moving forward.
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.
