Birkenstock Sandals Denied Copyright Protection by German Court
Introduction
The renowned Birkenstock sandals have been deemed ineligible for copyright protection in Germany, according to a ruling by the country’s highest civil court. The decision marks a setback for the German brand, which had sought to safeguard the intellectual property rights of its iconic footwear.
Background
In May 2023, Birkenstock filed a lawsuit against German fashion retailers Tchibo and shoe.com, as well as Danish brand Bestseller. The company alleged that these retailers were selling sandals that closely resembled Birkenstock’s own designs, and it demanded that the infringing models be withdrawn from sale and destroyed.
After an unsuccessful appeal to the Cologne Court of Appeals in 2024, Birkenstock pursued a further appeal to the German Federal Court of Justice. However, the higher court upheld the lower court’s decision, finding that the design of Birkenstock sandals was dictated by technical requirements and functional constraints.
Court’s Reasoning
In its ruling, the Federal Court of Justice reasoned that "technical requirements, norms, or other constraints determine the appearance" of Birkenstock sandals. For a design to qualify for copyright protection, it must exhibit a sufficient degree of creative originality and individuality. However, the court found that Birkenstock’s creations were predominantly functional and lacked the necessary artistic merit.
Company’s Reaction
Birkenstock spokesperson Jochen Gutzy expressed disappointment over the court’s decision, stating, "We want to prevent copycats from profiting from our brand." He noted that similar disputes are ongoing in France, the Netherlands, Denmark, and Switzerland, and that a ruling from the European Court of Justice is pending.
Market Impact
The news of the court’s decision sent Birkenstock’s share price down 0.51% to €54.69 at the close of trading on the New York Stock Exchange. Over the past year, the stock has experienced a decline of 3.48%.
About Birkenstock
Founded in 1774, Birkenstock is renowned for its cork-and-leather sandals with adjustable leather straps. In 2021, the brand was acquired by an investment fund affiliated with LVMH, the global luxury goods conglomerate. Birkenstock went public through an initial public offering in 2023.
Conclusion
The German court’s decision denying copyright protection to Birkenstock sandals highlights the fine line between functional design and artistic expression. While Birkenstock remains a global footwear icon, the ruling serves as a reminder that even well-established brands may face challenges in securing intellectual property rights for designs that are driven primarily by technical or functional considerations.
