A German court has ruled that Birkenstock sandals are not works of art, rejecting the company’s attempt to protect its iconic designs under copyright law. The footwear brand had argued that its sandals should be classified as artistic creations, granting them extended legal protection. However, the court disagreed, stating that the designs are primarily functional rather than artistic.
Birkenstock, known for its comfortable cork-soled sandals, has gained widespread popularity over the years. Once considered unfashionable, the brand saw a resurgence, even making an appearance in the 2023 Barbie movie worn by Margot Robbie. Despite their growing influence in the fashion world, the court ruled that the designs lack the necessary level of individual creativity to be considered art.
The case involved three manufacturers and retailers that Birkenstock accused of selling imitation versions of its sandals. Since some of its older designs no longer fall under design protection, the company sought copyright protection instead. However, German law differentiates between design and art—while designs serve a practical function, artworks must showcase originality. Copyright protection extends for 70 years after the creator’s death, whereas design rights last only 25 years.
The Federal Court of Justice’s final ruling upheld an earlier decision, stating that Birkenstock’s claim was unfounded. The company expressed disappointment, calling it a missed opportunity to protect intellectual property. Despite the ruling, Birkenstock remains committed to fighting against imitation products through other legal avenues.
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