Birkenstock is involved in a copyright war that resembles a quixotic battle with windmills, as it is losing at every turn, writes laconceria.it. The Italian publication notes that the German sandal brand even lost a case to a small shop in Rome's Chinatown, trying to challenge the intellectual rights to the beloved Birkenstock silhouette, and especially to the design of the sole.
In March 2021, nine pairs of Birkenstock-like sandals were seized from Giulio Zhang in Via Principe Eugenio in Rome. Shortly thereafter, another 10 pairs were seized from a warehouse in Via Prenestina run by Chunjue Zhang, Giulio's aunt. Both individuals are being investigated for plagiarism trafficking.
Indeed, Melissa sandals contain all the elements that distinguish German footwear: a cork and latex insole, a leather lining, a slightly raised heel, and a classic toe flare.
But four years later, nearly 11 pairs of Melissa shoes were returned to their owners. A judge found no basis for the charge of plagiarism against the shoes, which were confusingly similar in design to Birkenstock sandals, because the soles of the Melissa shoes had “numerous indented dots.” Therefore, the shoes could in no way “be considered an exact copy of the original.”
Moreover, as the lawyer for the two Chinese citizens explained, “the design of the sole cannot be registered as a trademark of Birkenstock.” Another oddity makes the defeat of the German brand even more significant. In the same trial, Giulio Zhang was sentenced to four months, and his aunt to one year and two months in prison for counterfeiting Alexander McQueen shoes.
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