Germany’s top court denies Birkenstock’s claim for copyright protection on its iconic sandals, impacting the brand’s fight against copycat designs.
Birkenstock, the renowned German footwear manufacturer, experienced a setback when Germany’s top court ruled that its signature cork-and-latex sandals do not qualify as copyrighted artwork. The ruling was handed down by the Federal Court of Justice in Karlsruhe on Thursday, affirming a previous lower court decision that found the sandals lack the necessary individuality to be classified as “copyrighted works of applied art.”
The dispute began in May 2023 when Birkenstock sought to prevent three competing retailers—Tchibo and shoe.com from Germany, along with the Danish retailer Bestseller—from marketing similar sandal designs. The company aimed for a legal resolution that would not only protect its brand but also eliminate any potential financial gain for these competitors who it considered copycats. Birkenstock’s spokesperson, Jochen Gutzy, stated, “We want to ensure that copycats can no longer make money at the expense of our brand.”
The court’s rationale was clear: for copyright protections to apply, the product must exhibit a significant level of design individuality. The judges noted that “pure craftsmanship using formal design elements” was insufficient for copyright status. This verdict ends a legal battle that reflects Birkenstock’s transition from a manufacturer of functional orthopedic footwear, founded in 1774, to a global fashion icon.
Birkenstock sandals have undoubtedly gained popularity, with high-profile endorsements from celebrities such as Katy Perry and Britney Spears. The brand recently made headlines when its footwear made an appearance in the 2023 film “Barbie,” where actress Margot Robbie famously swapped her stilettos for a vibrant pink pair of Birkenstocks.
In recent corporate developments, Birkenstock has expanded its reach significantly. The company sold its majority stake in 2021 to LVMH-linked equity firm L Catterton, which is tied to French billionaire Bernard Arnault’s family holding, Financiere Agache. Additionally, Birkenstock made waves in the financial markets with its international public offering on the New York Stock Exchange in 2023.
While the ruling poses challenges for Birkenstock’s protection of its brand identity, the company continues to pursue its interests in the competitive footwear industry, navigating the complexities of fashion and intellectual property law as it retains a strong foothold in global markets.
Source: Noah Wire Services
