Birkenstock loses legal battle as Germany’s top court rules its sandals are not works of art

German footwear brand Birkenstock has lost a key legal battle after Germany’s Federal Court of Justice ruled that its sandals do not qualify as copyrighted works of art, classifying them as comfortable footwear rather than unique artistic creations.

The German sandal company sought legal recognition of its designs as artistic works, which would have granted them stronger protection under copyright law.

Birkenstock aimed to block three competitors — Tchibo (Germany), Schuh (Germany), and Bestseller (Denmark) — from selling similar products and had filed a lawsuit against them.


The company demanded that the retailers withdraw the products from sale and destroy any existing stock.

Court ruling and Birkenstock's response

The Federal Court in Karlsruhe upheld a lower court’s decision, ruling that Birkenstock’s sandals do not meet the criteria for copyrighted art. The court stated that for copyright protection to apply, a design must be both unique and demonstrably individual.

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The judges concluded that merely incorporating standard design elements was insufficient for copyright protection, bringing an end to the legal case that began in May 2023.

Despite the ruling, Birkenstock maintained that the lawsuit was necessary. Company spokesperson Jochen Gutzy explained that the brand was committed to protecting its designs and preventing others from profiting from its reputation.

About Birkenstock

Birkenstock, based in Linz am Rhein in western Germany, has a shoemaking heritage dating back to 1774, when it was founded in a small community in south-west Germany. The company specialises in orthopaedic footwear.

Famous for its cork and latex soles, Birkenstock has grown into a globally recognised brand, with its sandals becoming a favourite among celebrities.

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FAQs:

1. Why are Birkenstocks so popular worldwide?
Birkenstocks are globally renowned for their comfort, durability, and distinctive footbed design, which provides excellent arch support and cushioning. Made from high-quality materials such as cork and latex, they are known for their long-lasting wear.

2. Where did Birkenstock originate, and who founded it?
Birkenstock originated in Germany and was founded by Johann Adam Birkenstock in 1774.