The Dutch retail chain Scapino has infringed the copyright on several Birkenstock shoe models.
This is the conclusion reached by the Midden-Nederland court in a ruling published this week. Specifically, the decision concerns the Madrid, Arizona and Florida models, the design of which, according to the court, was copied “to a considerable extent”. Scapino must therefore immediately remove the products in question from sale.
If Scapino does not remove the affected products from the shelves as ordered, the company could face a fine of up to 100,000 euros. Regardless, the company was required to pay €50,000 in legal costs and disclose detailed sales data.
For Birkenstock, however, the verdict only represents a partial success. The company had also claimed copyright infringement for the Boston and Gizeh models, but the court rejected this. Likewise, it did not accept the argument of “slavish imitation”.
Nevertheless, the decision is significant, especially in light of a German court ruling in early 2025 that did not grant copyright protection to two Birkenstock sandals. Although the Dutch judge refers to this ruling, she came to a different conclusion in this case.
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