Legislator Case Law & Legislation
ECLI:NL:RBMNE:2025:5837 ECLI:NL:RBMNE:2025:5837 AI generated

Court finds copyright infringement on three Birkenstock sandal models but rejects claims on two others due to lack of market presence.

Case Number ECLI:NL:RBMNE:2025:5837
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

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The court ruled that Scapino Retail infringed the copyright of Birkenstock IP on three specific sandal models while rejecting claims on two others. Scapino argued for defense based on a 2015 settlement agreement and alleged slave copying, but the court found the latter invalid due to Birkenstock's lack of market presence. Consequently, Scapino was ordered to pay daily fines, damages, and legal costs for the infringing products.

Legislator headnote

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Dutch Copyright Act; EU Copyright Directive: Copyright infringement is established when a work is copied without permission, but the scope of protection requires the right holder to have an established market presence to claim slave copying.

Keywords

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copyright infringement slave copying market presence designer sandals damages award daily fine unfair competition

Cited Legislation

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Dutch Copyright Act
EU Copyright Directive
Berne Convention
artikel 1019h Rv

Cited Case Law

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C-169/5 (ECLI:EULCL2016:790)
ECLI:NL:HR:2009:BJ6999
Hague Court of Appeal rejects Mega Brands' unfair competition claim against Lego regarding Mega Bloks toy bricks. The court ruled that minor aesthetic differences between the brick sets were insufficient to prevent consumer confusion. Consequently, the appeal was dismissed, upholding the lower court's decision that Mega Brands' product constituted unfair competition. The judgment emphasizes the duty to avoid confusion even when standardization needs exist. This case clarifies the boundaries of legitimate imitation in the toy industry. The ruling protects established brand identity against superficial copying. Consumers must not be misled by similar product designs. The decision reinforces strict standards for trademark and unfair competition cases. Legal professionals must consider these factors in similar disputes. The outcome favors the original brand holder in this scenario.
ECLI:NL:HR:2017:938
Unfair competition claim dismissed; plaintiff failed to prove market presence and specific infringing products.
ECLI:NL:GHDHA:2023:2685
Court dismisses copyright and unfair competition claims against industrial vacuum cleaner designs due to lack of originality and no consumer confusion.
ECLI:NL:GHDHA:2020:1620
GERECHTSHOF DEN HAAG Afdeling Civiel recht Zaaknummer : 200.261.816/01 Zaaknummer rechtbank : C/09/552079/ HA ZA 18-468 arrest van 1 september 2020 inzake Borek Parasols B.V., gevestigd te Oisterwijk, appellante, hierna te noemen: Borek, advocaat: mr. W.J.G. Maas te Eindhoven, tegen Tribù N.V., gevestigd te Bilzen, België, geïntimeerde, hierna te noemen: Tribù, advocaat: mr. A. Ringnalda te Amsterdam.
ECLI:NL:HR:2020:750
Dutch Supreme Court dismisses copyright claim on chair design due to expired maintenance declaration under Benelux Designs and Models Act.
NJ 2011/302
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