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

Marie De WitAdverit Zeist, Netherlands

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.

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Intellectual property

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