Birkenstock’s Design Patent And Trade Dress Infringement Claims Survive Dismissal

(September 11, 2024, 9:16 AM EDT) -- BOSTON — The makers of Birkenstock sandals and clogs plausibly stated all the necessary elements of their claims for patent and trade dress infringement brought against a competitor who allegedly copied their designs by showing that the competitor’s reportedly infringing products are sufficiently similar and have acquired a secondary meaning with the public, a Massachusetts federal judge found in denying the competitor’s motion to dismiss....