Birkenstock Advances Trademark, Design Patent Case Against Rival

Birkenstock US Bidco Inc. thwarted a competitor’s bid to escape its trade dress and design patent suit in Massachusetts federal court.

White Mountain International LLC failed to undercut Birkenstock’s claims it ripped off several sandal and clog footwear designs, the US District Court for the District of Massachusetts said in an order issued Wednesday. Birkenstock sufficiently identified design features, and pleaded that they were both distinctive and nonfunctional for the case to move forward, Judge Patti B. Saris said, denying most of White Mountain’s motion to dismiss the lawsuit.

As the case moves along, Birkenstock will have to show that ...