Dutch court prohibits Lidl from selling Birkenstock lookalikes

In the legal dispute over imitations of Birkenstock sandals, the Gelderland District Court in Arnhem, the Netherlands, has ruled in favour of the footwear manufacturer. The court has prohibited the food and retail group Lidl from selling certain sandal models. According to the judges, these models infringe on the copyright-protected design of the Birkenstock footbed, Birkenstock announced on Thursday.

The ruling affects imitations of the Arizona, Madrid, Gizeh, Boston and Florida models. According to the verdict, Lidl is no longer permitted to offer the products in question in the Netherlands. The court has set a fine of 5,000 euros per day for any violation.

Furthermore, the Neckarsulm-based retail group must provide information on sales and orders of the affected products. Birkenstock is also entitled to damages. The specific amount will be determined in a separate proceeding. A separate decision will also be made regarding the reimbursement of legal costs.

Different legal precedents in Germany and the Netherlands

The decision is particularly relevant against the backdrop of the previously differing assessments of copyright protection for Birkenstock sandals in Europe. This is the second time the Dutch court has reached a different conclusion than the German judiciary.

Last year, the German Federal Court of Justice (BGH) denied copyright protection for Birkenstock sandals. In the Netherlands, however, the Midden-Nederland District Court prohibited the Dutch shoe retailer Scapino from continuing to sell Birkenstock imitations on November 12, 2025. The case is currently under appeal.

An important development in European law followed on December 4, 2025, with a decision by the European Court of Justice (ECJ) in the “Mio and konektra” case. According to this ruling, industrial design products can also be protected by copyright, provided they are the expression of the author's own intellectual creation and are based on free and creative choices.

The current argumentation in the Birkenstock-Lidl case is also based on this European case law. The Arnhem court considered these requirements to be met for the sandals in question and specifically affirmed copyright protection for the characteristic footbed design.

Ruling not yet legally binding

However, the ruling of the Gelderland District Court is not yet legally binding. An appeal can be lodged against the first-instance decision. It therefore remains to be seen whether the court's legal opinion will be upheld in a further appeal.

Birkenstock announced, however, that it will continue to consistently enforce its intellectual property rights against imitators. The company sees the decision as a further step in protecting its designs and business model from so-called lookalikes.