Birkenstock’s bid for copyright protection for their iconic sandals denied by German court
German footwear brand Birkenstock, known for their signature cork-and-latex designs, recently faced a setback in their legal battle to classify their sandals as copyrighted art. The company had hoped to gain strong copyright protections to prevent copycats from replicating their popular designs.
However, the Federal Court of Justice in Karlsruhe ruled against Birkenstock, stating that their sandals did not meet the criteria to be considered “copyrighted works of applied art.” The court emphasized the need for a certain level of design individuality for copyright protection to apply, which was deemed lacking in Birkenstock’s case.
The ruling marks the end of a legal dispute that began in May 2023, when Birkenstock sought to stop three competitors – German retailers Tchibo and shoe.com, as well as Danish retailer Bestseller – from selling similar products. The court’s decision means that Birkenstock’s sandals will not be protected from imitation or replication by other brands.
Despite the outcome, Birkenstock spokesperson Jochen Gutzy defended the company’s decision to pursue legal action, stating that they wanted to prevent copycats from profiting at the expense of the brand’s reputation and unique designs.
Founded in 1774 as a manufacturer of orthopaedic footwear, Birkenstock has evolved into a global footwear giant, with their sandals being favored by celebrities and fashion icons. Stars like Katy Perry and Britney Spears have been spotted wearing Birkenstock sandals, solidifying their status as a trendy and fashionable footwear choice.
In addition to their celebrity endorsements, Birkenstock’s sandals made a notable appearance in the 2023 movie Barbie, where actress Margot Robbie traded in her high heels for a pink pair of Birkenstocks. The brand’s popularity and cultural significance have continued to grow, leading to a successful international public offering on the New York Stock Exchange in 2023.
While Birkenstock may have lost their bid for copyright protection, their legacy as a beloved and iconic footwear brand remains intact, with their distinctive designs continuing to captivate fashion enthusiasts around the world.
