The court ruled to reject the German brand’s attempt to register the tread pattern of its sandal soles as a trademark.
It concluded that the design in question could not be protected, reaffirming that Rafting Goldstar’s actions did not amount to unfair or parasitic competition.
As part of the ruling, Birkenstock has been ordered to reimburse Rafting Goldstar for legal costs incurred in both the initial and appeal proceedings.
The decision follows
a series of similar outcomes in European courts. Recent judgments from the Paris Court of Appeal and Germany’s Federal Court of Justice – both aligning with an earlier decision by the European Court of Justice – found that the sole tread pattern was not eligible for patent protection. Furthermore, Birkenstock’s claim that its sandals should be protected as works of art under copyright law was rejected by the German court.
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