
Birkenstock’s iconic sandals may be comfortable and stylish, but they aren’t works of art. Germany’s Federal Court of Justice recently ruled that Birkenstock sandals do not qualify as “copyrighted works of applied art,” concluding a legal dispute over intellectual property rights. The case, initiated by Birkenstock, sought to prevent three competitors—Tchibo, Shoe.com, and Bestseller—from selling similar footwear. The company argued that its signature sandal designs, particularly the Arizona model, deserved the same copyright protections as fine art, similar to furniture by Le Corbusier or Bauhaus lighting.
Initially, a regional court in Cologne ruled in Birkenstock’s favor in 2017, recognizing four of its shoe models as artistic works. However, this decision was overturned by a higher court in 2022, which found that the sandals did not meet the threshold of artistic achievement. The federal court upheld this ruling, stating that functional design elements dictated the shoes’ appearance rather than artistic expression.
Despite the loss, Birkenstock defended its legal efforts, emphasizing its commitment to protecting its brand from imitation. The company, originally founded in 1774 as an orthopedic footwear maker, has grown into a globally recognized brand, recently going public on the New York Stock Exchange.
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