Birkenstock wins copyright dispute against Scapino in the Netherlands

Dutch retail chain Scapino has infringed the copyright of several Birkenstock shoe models.

This was the conclusion reached by the Midden-Nederland court in a ruling published this week. Specifically, the decision concerns the Madrid, Arizona and Florida models, whose designs were copied to a “significant extent”, according to the court. Scapino must therefore immediately withdraw the products in question from sale.

If Scapino fails to remove the affected products from its shelves as ordered, the company faces a fine of up to 100,000 euros. Separately, the company was ordered to pay 50,000 euros in legal costs and disclose detailed sales data.

However, the ruling represents only a partial victory for Birkenstock. The company had also claimed copyright infringement for the Boston and Gizeh models, but the court rejected this. It also did not accept the argument of “slavish imitation”.

Nevertheless, the decision is significant, particularly in light of a ruling by a German court in early 2025, which did not grant copyright protection to two Birkenstock sandals. Although the Dutch judge referred to this ruling, she reached a different conclusion in this case.

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