In brief
The court's decision limits the company's ability to protect its innovative designs against knock-offs.
In a recent ruling, a German court has decided that Birkenstock sandals do not qualify as art and thus are not eligible for copyright protection. The footwear brand had argued that its cork-soled sandals deserved recognition as artistic creations to prevent competitors from producing look-alike versions. However, the judge concluded that the sandals fall under practical design rather than artistic expression—a determination Birkenstock deems a "missed opportunity for intellectual property protection."Historically seen as unfashionable, Birkenstocks have surged in popularity, particularly after actress Margot Robbie donned a fashionable pink pair in the blockbuster 2023 film, Barbie. These sandals, known for their supported molded footbeds, have evolved over the decades to offer an array of colors and styles since their original leather design in the 1960s. Once associated with supermodel Kate Moss in the 1990s, the sandals even made an appearance on the red carpet during the Academy Awards, showing their transition from niche comfort to mainstream fashion.The firm's escalating popularity has led to a rise in counterfeit products, prompting Birkenstock to take legal action against three rival manufacturers. Under German law, a clear distinction exists between design and art; the judge confirmed that to receive copyright status, a product must exhibit significant creativity. Birkenstock's plea for copyright was influenced by the diminishing design rights for some of its sandals, as fashion works enjoy 70 years of protection post-creation, compared to only 25 years for designs.Presiding judge Thomas Koch labeled Birkenstock's claims as "unfounded," asserting that sufficient individual creativity must be present to achieve copyright eligibility. While Birkenstock has declared its intent to vigorously defend its designs, asserting that the fight against imitations continues, this ruling from the Federal Court of Justice, Germany's apex civil court, stands as the final word after initial disputes in lower courts.
