German Court Rules Against Birkenstock in Copyright Case Over Sandal Design
Germany’s Federal Court of Justice has determined that the iconic Birkenstock sandals do not qualify as works of art and, therefore, are not entitled to copyright protection. This ruling concludes a legal battle initiated by Birkenstock against three competitors producing similar-looking sandals.
Birkenstock, a company with shoemaking roots dating back to 1774, argued that its sandal designs should be recognized as “copyright-protected works of applied art,” seeking to prevent competitors from manufacturing imitations. The company aimed to secure an injunction to halt the production of these look-alike sandals and demanded the recall and destruction of existing copies. The identities of the defendant companies were not disclosed in the court’s statement.
The legal journey saw differing opinions in lower courts. Initially, a regional court in Cologne sided with Birkenstock, acknowledging the sandals as works of applied art and granting the requested orders. However, this decision was overturned by the higher regional court in Cologne, which found no artistic merit in the sandals’ design. The Federal Court of Justice upheld this appellate ruling, emphasizing that designs primarily dictated by technical requirements do not meet the threshold for artistic copyright protection.
In its judgment, the court stated that for applied art to receive copyright protection, the design must exhibit a level of creativity that reflects individuality. The court concluded that Birkenstock’s sandals, characterized by their wide straps and prominent buckles, did not achieve this requisite level of artistic design.
This ruling underscores the challenges companies face in protecting product designs under copyright law, especially when functionality heavily influences the design. For Birkenstock, known for its commitment to comfort and quality, this decision highlights the importance of exploring alternative avenues for safeguarding its intellectual property.