Intellectual PropertyMeister Seelig & Schuster highlights a recent development in trademark litigation involving Birkenstock and White Mountain International, where the court closely examined Birkenstock’s delay in bringing its claims.
At a hearing before the U.S. District Court for the District of Massachusetts, the judge expressed skepticism regarding Birkenstock’s assertion that it was unaware of White Mountain’s products until 2018, suggesting the record may indicate earlier knowledge.
Jed Ferdinand, Partner and Chair of the firm’s Intellectual Property group, and counsel for White Mountain, argued that Birkenstock had long been aware of similar products in the market and chose not to enforce its rights, and is now attempting to revisit those decisions years later.
The MSS team was led by Ferdinand and included Rob Feinland and Alex Malbin.
The court engaged directly with these arguments, raising questions about whether the doctrine of laches could bar some or all of the claims. A decision on the pending motion to dismiss may significantly affect the scope of the case going forward.
