German Court Rejects Artistic Status for Birkenstocks in Copyright Ruling

Birkenstock sandals may be a favorite among Hollywood celebrities and pop stars, but Germany’s top court has ruled that they do not qualify as works of art.

The German sandal manufacturer had sought to have its footwear, known for its distinctive cork and latex soles, classified as art, which would have granted them stronger copyright protection.

Over the years, Birkenstock’s sandals have evolved from practical orthopedic footwear to sought-after fashion items. The company aimed to prevent three competitors from selling similar designs and had sought the removal and destruction of products sold by German retailers Tchibo and shoe.com, as well as Danish retailer Bestseller.

However, the Federal Court of Justice in Karlsruhe upheld a lower court’s decision, ruling that Birkenstock sandals do not meet the criteria for “copyrighted works of applied art.” The court stated, “For copyright protection to apply, there must be such a degree of design that the product displays some individuality.” It further clarified that “pure craftsmanship using formal design elements” was insufficient for copyright protection. This ruling marked the conclusion of the legal battle that began in May 2023.

Despite the verdict, Birkenstock defended its legal action. “We want to ensure that copycats can no longer make money at the expense of our brand,” said company spokesperson Jochen Gutzy.

Founded in 1774 in a small town in southwestern Germany, Birkenstock initially specialized in orthopedic footwear but has since grown into a globally recognized brand.

Its sandals have gained popularity among celebrities, with stars like Katy Perry and Britney Spears spotted wearing them. The brand also made a notable appearance in the 2023 movie Barbie, where Margot Robbie’s character famously exchanged high heels for a pink pair of Birkenstocks.

In 2021, the Birkenstock family sold its majority stake in the company to the LVMH-affiliated equity firm L Catterton and the French billionaire Bernard Arnault’s family investment fund, Financière Agache.

The company later launched an initial public offering on the New York Stock Exchange in 2023.