Birkenstock, even for the Milanese court, VIP sandals are not works of art
No unfair or parasitic competition from Italian family business Rafting Goldstar
2' min read
2' min read
The sandals most popular among Hollywood divas and international pop stars are not works of art. After the stop by the Paris Court of Appeal and of the German Supreme Court, which, in line with the EU Court, affirmed that the tread of the sole of Birkenstock sandals is not patentable, the Court of Appeal of Milan also confirms the first instance judgement, and declares null and void Birkenstock's appeal to register the design of the sole as a trademark, again agreeing with Rafting Goldstar. The Italian company, which belongs to Elvio Silvagni's Silver1 group, of which Valleverde is a part, had been sued in August 2015 by Birkenstock for infringing one of its trademarks, with objections concerningthe tread design of the sole of its sandals.
The Court of Appeal of Milan
The court upheld all the Italian family firm's arguments, stating that "the conduct engaged in by Rafting Goldstar does not constitute acts ofunfair competition or parasitic competition", condemning Birkenstock to reimburse Rafting Goldstar for the costs of both levels of the proceedings. The verdict of the Milan territorial court comes after years of legal battles that the German company waged to have its sandals, made of cork and latex, classified as works of art. And thus obtain a strong copyright protection, useful to shelter the iconic footwear - actually once considered decidedly uncool - from competition from similar products.
The long court case
.An argument that did not pass the scrutiny of theFederal Court of Justice in Karlsruhe, which had sided with the ruling of a lower court, stating that Birkenstock sandals cannot be considered 'copyrighted works of applied art'. Because "for copyright protection to apply, there must be a level of design such that the product shows a certain individuality.
The first instance judgement of the court of Cologne was different, recognising the sandals as covered by copyright and condemning the companies producing the copies. A ruling overturned on appeal, where the German company had its claim for protection of the sandals as work of genius denied. The latter decision had been appealed by Birkestock but upheld by the Federal Supreme Court.
Similar lawsuits were then filed in Italy and France. In January 2025, the Paris Court of Appeal upheld the decision of the Luxembourg Court, also declaring the attempt to register the sole design as a trade mark null and void and again agreeing with Rafting Goldstar.
