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