Germany’s Federal Court of Justice has ruled that Birkenstock sandals cannot be classified as works of art, denying the company copyright protection against competitors.
In a significant legal ruling on Thursday, Germany’s Federal Court of Justice in Karlsruhe determined that Birkenstock sandals do not qualify as works of art and therefore cannot be granted copyright protections. The long-established sandal manufacturer, known for its distinctive cork and latex soles, sought to classify its footwear as art in an effort to prevent three competitors—Tchibo and shoe.com from Germany, and the Danish retailer Bestseller—from selling similar products.
This decision came as a culmination of a legal challenge that began in May 2023. Birkenstock aimed for not only to halt the sale of these competing products but also sought to have them removed from shelves and destroyed. However, the court ruled against the company, aligning with a previous lower court’s judgment. The court explained that for copyright protection to be valid, a product must exhibit a certain level of design that reflects individuality. The court concluded that “pure craftsmanship using formal design elements” does not meet this threshold.
Birkenstock, which originated in 1774 as a manufacturer of orthopedic footwear in a small community in south-west Germany, has evolved into a globally recognized fashion brand. The company’s sandals are not only a staple of comfort but have also gained a foothold in high fashion, favored by major celebrities. For instance, singers Katy Perry and Britney Spears have been spotted wearing the sandals, and they featured prominently in the 2023 blockbuster movie Barbie, in which the character played by Margot Robbie opted for a pink pair instead of high heels.
Despite the unfavorable ruling, Birkenstock remains undeterred. Company spokesman Jochen Gutzy articulated the brand’s stance, stating, “We want to ensure that copycats can no longer make money at the expense of our brand.” This reflects the company’s commitment to maintaining its distinct identity in a competitive footwear market.
In a recent shift in ownership, Birkenstock sold the majority stake to the private equity firm L Catterton, which is linked to luxury conglomerate LVMH and French billionaire Bernard Arnault’s family holding fund, Financière Agache. The company also launched an international public offering on the New York Stock Exchange in 2023, indicating its ongoing ambition to expand its reach.
The ruling illustrates the complexities of intellectual property rights as they pertain to fashion and design, and the implications it holds for companies striving to protect their brand and unique products in a saturated market.
Source: Noah Wire Services
