White Mountain Footwear and its parent company American Exchange Group are fighting back in an ongoing lawsuit with Birkenstock.
In a new motion filed on Monday in U.S. District Court in Massachusetts, White Mountain is seeking the court to dismiss Birkenstock’s claims due to “undisputed evidence” that allegedly proves that the German shoe company “turned a blind eye for 30 years” while White Mountain sold so-called “lookalike” footwear styles similar to Birkenstock.
White Mountain said in the motion that its accused Helga sandal and accused Bari clog (originally called the Getty) have been widely sold in the U.S. for over 30 years, and its accused Gracie sandal since 2016.
The footwear firm also stated that Birkenstock’s current management claims the company first became aware of White Mountain and its accused products in 2018.
The motion states that “while Birkenstock’s current management claims to have been unaware of White Mountain’s long history of selling its now-accused footwear,” White Mountain has secured sworn testimony from Birkenstock’s former national sales manager, David Bergum. According to the motion, Bergum can testify that Birkenstock allegedly knew about White Mountain and its accused products at issue in this case more than 25 years ago, and chose not to take action.
White Mountain also alleges that Birkenstock’s prior management, including Margot Fraser, the founder of Birkenstock USA, “was fully aware” of White Mountain and many other companies selling products similar to Birkenstock’s since at least the 1990s, and chose not to take action.
FN has reached out to Birkenstock for comment.
Robert Geller, chief revenue officer at White Mountain Footwear, told FN that the company believes it is the “true aggrieved party” in this case.
“When Birkenstock’s claims are dismissed, we look forward to a trial that will focus on White Mountain’s claims against Birkenstock for tortious interference and unfair competition based on Birkenstock’s pressure campaign to coerce retailers to drop White Mountain’s accused products; a pressure campaign that began long before Birkenstock filed this lawsuit,” Geller said.
Birkenstock first filed the lawsuit against White Mountain Footwear in March 2024.
In the original complaint, the German footwear firm’s U.S. subsidiary claimed that White Mountain and its parent American Exchange allegedly have “systematically copied and produced knockoffs” of Birkenstock’s Buckley clog; its trademark for its signature bone-pattern sole design; and trade dress rights in its Arizona two-strap sandal, Boston clog, and Mayari toe-loop sandal.
“White Mountain could have selected from a vast universe of design elements to create footwear that stood on its own,” Birkenstock stated in the original complaint. “But instead, it opted to gain instant marketplace recognition and an unfair commercial boost by mimicking Birkenstock and freeriding off its designs, reputation, and goodwill.”
In its original complaint, the German footwear firm seeks to enjoin White Mountain’s alleged “unauthorized use” of Birkenstock’s intellectual property and to recover actual damages, White Mountain’s profits, and other relief, including attorney’s fees and costs.
