A Step Back for Style: German Court Denies Birkenstock's Art Classification

In a recent ruling, a German court determined that Birkenstock sandals do not qualify as works of art, thus rejecting the company’s claim for copyright protection against copycat versions of their popular footwear. The court categorized the sandals as practical design items rather than art, emphasizing the distinction in German law between product design and artistic creativity.

Birkenstock, which has previously enjoyed a resurgence in popularity—especially after actress Margot Robbie showcased them in the 2023 film Barbie—had sought to protect its ‘iconic design’ by asserting that its footwear was a work of art, which is eligible for a longer copyright duration. Despite enjoying a market valuation of approximately $8.6 billion following its listing on the New York Stock Exchange, the ruling was a setback, described by Birkenstock as a ‘missed opportunity for the protection of intellectual property.’

The decision reflects the court’s stance that practical designs must exhibit a higher level of individuality to qualify for art classification, a criterion that Birkenstock’s designs purportedly did not meet. This conclusion followed a protracted legal battle where lower courts had initially provided conflicting verdicts, leading to the Federal Court of Justice’s final ruling on the matter. Birkenstock has vowed to continue its fight against imitation products and defend its brand integrity with all possible legal avenues.