A Massachusetts federal court has issued an order confirming that a lawsuit filed by Birkenstocks accusing White Mountain LLC of trademark, trade dress and design patent infringement can move forward, despite White Mountain’s attempts to dismiss the lawsuit.

Birkenstock sufficiently pleaded that the patented footwear designs and trade dresses at issue were distinctive, non-functional, and plausibly infringed by White Mountain’s products.

The lawsuit was initially filed by Birkenstock back in March 2024, alleging that White Mountain had produced and sold knock-offs of its popular footwear designs. The shoes in question include White Mountain’s Helga sandal, Bari sandal, Gracie sandal, as well as the Bueno clog. Birkenstock claims that these designs infringe upon its design patents, trade dress, and trademarks. White Mountain argued that the design of its products was sufficiently distinct from Birkenstock’s patented and trademarked designs, making the claims of infringement implausible. The court, however, disagreed and the lawsuit will move forward.

Birkenstock, founded 250 years ago in the small German village of Langen-Bergheim, went public in October 2023 in what was widely regarded as an IPO flop. The stock immediately fell below its listing price once trading began and ended its first week of trading down 21%. The brand pointed to the rising problem of knock-offs as its biggest risk so it comes as little surprise that it is taking action against White Mountain.