27 March 2025
Germany’s top court has ruled that Birkenstock’s iconic sandals do not qualify as works of art and therefore do not receive copyright protection under German law. The company had sought to prevent competitors from selling similar products, arguing that its footwear’s distinctive design should be classified as "applied art."
The Federal Court of Justice in Karlsruhe upheld a lower court’s decision, stating that while Birkenstock sandals exhibit craftsmanship and design, they lack the necessary individuality to qualify for copyright protection. The ruling means that competitors, including German retailers Tchibo and shoe.com, as well as Danish retailer Bestseller, can continue selling their lookalike products.
Despite the setback, Birkenstock remains committed to defending its brand. A company spokesperson emphasised that the case was aimed at stopping copycats from profiting off its reputation. Founded in 1774, Birkenstock has grown from an orthopedic footwear brand into a global fashion statement, famously appearing in the 2023 Barbie movie and gaining favour among celebrities like Katy Perry and Britney Spears.
The ruling highlights the limitations of copyright law in protecting product design, reinforcing the need for brands to explore trade mark and design registrations to safeguard their iconic creations. While copyright may not apply, Birkenstock—and other companies facing similar challenges—can still rely on trade mark, patent, and design rights to prevent competitors from imitating their products and capitalising on their brand identity.
