Birkenstock said it won a Dutch court ruling in a copyright case against shoe retailer Scapino involving three sandal models.
The District Court of Midden-Nederland in Utrecht in the Netherlands has issued an injunction barring the Dutch company from selling what Birkenstock said are unauthorized copies of its well-known Arizona, Madric and Florida sandal styles.
Birkenstock said the decision is not final and can still be appealed. The German footwear brand also said its didn’t win on its claims connected to its Boston and Gizeh sandal models, but that it expects to “prevail” in possible appeal proceedings regarding those designs as well.
According to Birkenstock, should Scapino fail to cease the sale of the infringing products, it could face a penalty of up to 100,000 euros. Scapino also has to disclose sales data going back to August 2024, as well as pay more than 50,000 euros in legal costs.
Executives at the Dutch shoe retailer Scapino could not be reached for comment by press time.
Birkenstock expects that this case could get attention because it has a different result from that reached by the German Federal Court of Justice (Bundesgerichtshof) in a similar case. In that case, Germany’s highest court of civil and criminal jurisdiction — it is responsible for review of lower court decisions on appeal for judicial errors of law — had determined this past February that Birkenstock sandals are not eligible for copyright protection.
Birkenstock also said the current district court ruling comes ahead of a landmark ruling by the European Court of Justice in the Mio and Konektra case (two separate cases that were joined because they address the same design issue) that is expected on Dec. 4, 2025. Birkenstock is not involved in the case, but said it is important because the joined cases will address key issues connected to copyright protection for product design at the EU level.
Birkenstock said that the latest court ruling reinforces the brand’s strategy of taking a European approach to involving its copyrights. It noted other European jurisdictions that protect works of applied art and fashion, such as copyright protection in France for ballerina shoes and sandals, and and Italian Tribunal for granting similar protection to “Moon Boots” in Italy. Birkenstock said the European Court of Justice’s ruling in the Mio and Konektra case is “expected to uphold this practice.
Unlike other shoe brands, Birkenstock has no contract manufacturing in Asia and its materials are sourced from Europe, so it has been less exposed to tariffs for goods imported to the U.S.
The firm’s CEO Oliver Reichert told investors in its third quarter conference call in August that the wholesale business is booming through its B2B partners. He also cited the emerging youth market as a runway for growth. “Our demand is strong across all product categories and target groups. Sales of our [classic] silhouettes grew by double digits. Demand for our iconic styles, such as the Arizona and Boston remains strong and is accelerating within the younger demographic,” the CEO said. And last month, the German footwear brand inked a deal to acquire its longstanding distributor in Australia.
