Rafting Goldstar’s latest victory over Birkenstock

In August 2015, Birkenstock sued Rafting Goldstar, an Italian family business, in the Milan court for counterfeiting one of its trademarks: the tread design of the sole of their sandals.

In September 2018, the European Court of Justice declared the trademark devoid of distinction, but Birkenstock, not content, continued the lawsuits at the national level.

Since then, several courts have ruled in favor of the Italian company: in March 2018, the Benelux court and in May 2024, the German Federal Court of Justice confirmed the decision of the European Court.

Confirmation also came in January 2025 from the Paris Court of Appeal, which also declared the attempt to register the sole design as a trademark null and void, once again ruling in favor of Rafting Goldstar.

We are now awaiting the judgment of the Italian Second Instance Court.