• Latest
    • AI
    • Careers
    • Copyright
    • Community & Inclusion
    • Events Videos
    • Law firm news
    • Trade secrets
    • INTA 2026
  • In-house
  • Trademarks
  • Patents
  • Jurisdictions
    • Europe
    • Americas
    • Asia
    • Australasia
    • Africa
    • Unified Patent Court
  • Rankings
    • About Rankings
    • Practice Area Rankings
    • Global In-House Elite 2026
    • Influential Women in IP 2026
    • Leaders 2026
    • Directory
  • WIPR Insights
    • Magazines
    • IP services: Product walk-throughs
    • Whitepapers
    • Webinars
  • Events
    • Events schedule
  • About
  • Contact
  • Newsletter
  • Login
  • Subscribe
  • Home
  • About
  • Contact
  • Newsletter
  • Login


Request Trial
  • Home
  • Copyright
  • Birkenstock’s conflicting rulings expose Europe’s design fault line
Jeppe Gustafsson / Shutterstock.com
8 October 2026NewsCopyrightMuireann Bolger

Birkenstock’s conflicting rulings expose Europe’s design fault line

A Dutch ruling against Lidl in favour of Birkenstock exposes the jurisdictional risks brand owners face when functional products blur the line between design and copyright protection. The trick is to “start at the drawing board, not in the witness box”, finds Muireann Bolger.

Already registered?

Login to your account


If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.

For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Week Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com


More on this story

Trademarks
Thatchers, Skykick and dupes: What’s on a fashion IP influencer’s radar?
30 April 2025   WIPR influential Woman in IP Eleonora Rosati offers a front-row seat to the key challenges facing the fashion industry—from copyright protection to AI-driven creations.
Copyright
Birkenstock fails to show artistry in sandal copyright bid
21 February 2025   German court rules footwear lacks artistic expression for copyright protection | Decision reinforces the precedent that functionality limits copyright protection | Creative development may need to be shown in fashion advertising says lawyer.
Future of IP
Rowing machine ruling sends ripples across UK design sector
11 November 2024   Key test case examined the copyright protection of 3D-functional designs | Designers left with “unsatisfactory decision” and “uncertain state”, say watchers | English law at odds with EU case law on “artistic works”.


Editor's picks

‘I am Giorgia Meloni’: Can a trademark protect politicians from AI deepfakes?
Trademarks
‘I am Giorgia Meloni’: Can a trademark protect politicians from AI deepfakes?
7 October 2026

Editor's picks

Trademarks
‘I am Giorgia Meloni’: Can a trademark protect politicians from AI deepfakes?
7 October 2026   Italy’s prime minister is turning to IP to curb the misuse of her identity, but experts warn that a trademark may offer only a narrow line of defence against increasingly sophisticated AI-generated content.
Trademarks
INTA updates pricing after ‘listening’ to members’ concerns about costs
2 October 2026
Trademarks
Lidl and P&G counsel: Greenwashing claims underpriced as litigation risks rise
28 September 2026
Patents
Legal lender may scoop $1.4bn of $5.7bn patent verdict against Apple
28 September 2026
Patents
The data centre boom: What IP owners and implementers need to know
25 September 2026
In-House
American Airlines proves the sky is the limit for IP-backed loans
24 September 2026

More articles

‘I am Giorgia Meloni’: Can a trademark protect politicians from AI deepfakes?
Airbnb accused of trying to monopolise ‘BnB’ term in lawsuit
Fish & Richardson nets patent litigator to grow European practice
UKIPO’s veto of Emotional Perception patent is ‘not good for the economy’
Why Thomson Reuters v Ross is no ‘ordinary copyright case’
Griffith Hack taps new practice leader with trademark expertise
Lego loses ‘fair use’ arguments in Queer Eye jacket copyright dispute
Thomson Reuters scores landmark AI copyright win in US appeals court

  • Home
  • News
  • Directory
  • About us
  • Contact
  • Privacy Policy
  • Terms of Use
  • Terms of Subscription

WIPR
Newton Media Ltd
Kingfisher House
21-23 Elmfield Road
BR1 1LT
United Kingdom

  • Twitter
  • Linkedin

Copyright © worldipreview.com 2024   |   Headless Content Management with Blaze