Birkenstock’s patent and trademark infringement claims against footwear competitor White Mountain International will proceed, according to a recent ruling by a federal judge in Massachusetts. Judge Patti B. Saris concluded that Birkenstock sufficiently alleged claims for design patent, trademark, and trade dress infringement regarding its two-strap sandal, big-buckle sandal, toe-loop sandal, and Boston and Buckley clogs, finding notable similarities between these products and White Mountain’s offerings.
White Mountain’s New York-based attorney, Edmund J. Ferdinand III of Meister Seelig & Fein, expressed confidence that Birkenstock would fail to prove its case on the merits, despite the court finding that Birkenstock met its burden from a pleading standpoint in the early stages of litigation. The full details of the Sept. 4 opinion by Judge Saris can be viewed here.
More information on this case can be found here.