Case report for MARQUES: Dutch court rules that Birkenstock sandals are protected by copyright

This case report covers proceedings between Birkenstock and retail chain Scapino, in which Birkenstock claimed copyright protection for several of its iconic sandal models. The Dutch court’s ruling addresses when a product design can meet the originality threshold required for copyright protection. The report discusses the reasoning behind extending copyright to footwear designs traditionally protected mainly by design rights. It highlights implications for brand owners seeking broader IP protection for product shapes.

  • Dispute between Birkenstock and retailer Scapino
  • Concerns copyright protection for the ‘Madrid’, ‘Arizona’, ‘Florida’, ‘Boston’ and ‘Gizeh’ models
  • Dutch court found the sandal designs met the originality threshold
  • Report published for MARQUES association
  • Relevant to brand owners seeking copyright protection for product shapes

Related practice areas

Intellectual property

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