Birkenstock Sandals: Footwear or Art? German Court Rules
In a highly anticipated verdict, Germany's Federal Court of Justice has ruled that Birkenstock sandals, while comfortable and iconic, do not qualify as works of art under copyright law.
Headquartered in Linz am Rhein, Birkenstock had filed a lawsuit against competitors for copying their signature sandal design. The company argued that its sandals were "copyright-protected works of applied art," entitled to enhanced intellectual property protections.
However, the court disagreed, citing the principle that copyright cannot extend to designs primarily driven by technical requirements or practical constraints.
The Federal Court's decision aligns with previous judgments from lower courts. Cologne's higher regional court had overturned an initial ruling that recognized Birkenstock's sandals as works of art.
According to the court's statement, a design must possess a level of individuality and artistic expression to qualify for copyright protection. While Birkenstock's sandals may be functional and comfortable, they lack the requisite artistic merit.
"Purely technical creation using formal design elements is not eligible for copyright protection," the court noted.