Birkenstocks are not works of art, top German court rules in copyright case
They may be the footwear of choice for Hollywood A-listers and pop stars, but Birkenstock sandals are not works of art, Germany's top court ruled on Thursday.
The German sandal maker had sought a ruling that its footwear, known for its cork and latex soles, could be classified as art and thus afforded strong copyright protections.
The company, whose sandals have over the years transformed from unglamorous footwear to coveted fashion items, wanted to stop three of its competitors from selling similar products.
It had wanted the products sold by the German retailers Tchibo and shoe.com, as well as the Danish retailer Bestseller, to be pulled from the shelves and destroyed.
But the federal court of justice in Karlsruhe sided with the judgement of a lower court, ruling that Birkenstock's sandals could not be considered 'copyrighted works of applied art'.
'For copyright protection to apply, there must be such a degree of design that the product displays some individuality,' the court said.
'Pure craftsmanship using formal design elements' was not enough, said the court, bringing a close to a legal saga that began in May 2023.
Despite the ruling, Birkenstock defended bringing the case. 'We want to ensure that copycats can no longer make money at the expense of our brand,' said the company spokesman Jochen Gutzy.
Founded in 1774 in a small community in south-west Germany as a firm focused on making orthopaedic footwear, Birkenstock has grown into a globally recognised brand.
Its sandals are popular among celebrities, with the singers Katy Perry and Britney Spears seen wearing the shoes in recent years. They also appeared in the 2023 movie Barbie, when Margot Robbie's character swapped high heels for a pink pair.
In 2021 the Birkenstock family sold its majority stake in the group to the LVMH-linked equity firm L Catterton and the French billionaire Bernard Arnault's family holding fund Financière Agache.
It launched an international public offering on the New York Stock Exchange in 2023.
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