The soles are important. Especially if, from a simple technical feature of a shoe, they turn into one luxury fashion capable of increasing the value of a company. He knows it well Birkenstock which less than a month ago, thanks to the famous cork soles of his sandals, was acquired by Lvmh, the largest global giant in the sector, for 4 billion euros. And to defend its soles, Birkestock is willing to do anything, including taking it to court the Italian group Valleverde–Goldstar. It is a pity that the Germans have lost all the lawsuits filed against Goldstar – a company owned by the Silvani family and which controls the Valleverde, Rafting Goldstar and Biochic brands.
But let's take a step back. Birkenstock is suing the Italian group for infringement of intellectual property. The object of the dispute is precisely the use of the cork sole, which has become a symbol of the famous sandals produced by the German brand, so much so that the group would have liked to patent it at a European level. However, the same sole is also used for the Goldstar models and the company found itself having to defend itself in the Courts of as many as four countries: Germany, Benelux, Italy and France.
However, all four agreed with the Italian group that is rejoicing today, explaining that all attempts by Birkenstock to patent the school's models and designs as a trademark have been contested. “In the various courts, the last one in Paris with the sentence of January 29, we have shown that it is a matter of a sole we have been using for 40 years and which we can therefore use in a completely legitimate way,” he explains Elvio Silvagni, managing director of the Italian brand. The Court of Paris confirmed what had already been established by the European Court of Justice in its 2018 ruling and then by the courts in Italy, Germany and the Benelux. “Birkenstock's clumsy attempt at legally eliminate a competitor was averted: in fact, the various Birkenstock proceedings to register the design of the sole as a trademark have been rejected in all the European courts involved", reads the letter that the Silvagni family sent to its customers, retailers and points of sale, to inform them of all the judgments in the various European courts that have seen his group win against the giant Birkenstock.
The war might not be over yet though since Birkenstock may decide to appeal despite the previous sentences "The battle that has lasted for five years is not over, but we are ready", concludes Silvani.
