Judge bars Lidl from selling Birkenstock imitations
Lidl must withdraw five types of sandals from sale in the Netherlands or face a penalty payment.
The Gelderland District Court has barred Lidl from selling five sandals which, according to the judgment, infringe Birkenstock’s copyright. The ruling concerns the Arizona, Madrid, Gizeh, Boston and Florida designs and can still be challenged.
Birkenstock reports that the court in Arnhem considers the sandals’ footbed design protected by copyright. Lidl must no longer offer the products concerned in the Netherlands and must provide an overview of orders and sales.
According to Birkenstock, the sales ban carries a penalty payment of €5,000 per day. The damages and part of the legal costs will, the company says, be determined separately.
The case is not about a general ban on cheap sandals, but about five specifically named designs. This leaves room for other models, provided they do not fall under the same ruling or infringe in another way.
The ruling was issued at first instance. Lidl can still appeal, meaning the legal assessment is not necessarily final. Nor was a response from Lidl itself found in the public sources consulted.
The case is commercially relevant to retailers that sell own-brand products or affordable versions of well-known products. The judgment underlines that a product’s design, and not only a brand name or logo, can also receive legal protection.
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The reported ruling and the five models were confirmed by multiple sources, but the primary court text could not be consulted. The wording concerning the legal scope and Lidl’s position has therefore been kept limited.
- confirmed Lidl has been prohibited from selling five named Birkenstock imitations in the Netherlands. — Reported by Birkenstock and an independent retail publication. source
- confirmed The ban carries a penalty payment of €5,000 per day. — Mentioned in Birkenstock’s press release. source
- confirmed The ruling is a first-instance decision and can be challenged. — Mentioned in Birkenstock’s press release. source
1 correction(s) applied
- Was: The court definitively ruled that Lidl may not sell the sandals.Now: The court ruled at first instance that Lidl may not sell the named sandals; an appeal is still possible. (The ruling can still be challenged and the full court text was unavailable.)
Editor's note
The ruling was reported by Birkenstock and independent retail media, but the full current court decision was not available in the public Rechtspraak index consulted. Lidl’s response and a final appeal outcome are absent.Sources
- Birkenstock wins copyright case against Lidl — Birkenstock Group
- Birkenstock wins Dutch injunction against Lidl sandal lookalikes — RetailBoss
- Lidl moet stoppen met verkoop Birkenstock-lookalikes — RetailTrends