Federal Court of Justice rules Birkenstock is not entitled to damages from cut-price imitators of its footwear.
Germany’s Federal Court of Justice ruled Thursday that German shoe maker Birkenstock’s world-famous sandals can’t be considered “works of art” that enjoy copyright protection.
By claiming copyright, Birkenstock had aimed to squeeze similar-looking but cheaper versions of its sandals off the market.
“The shoe is influenced by Brutalist architecture. This can be seen very clearly in individual elements of the shoe. We are therefore absolutely convinced that the shoe is an iconic design,” Birkenstock lawyer Konstantin Wegner told German public broadcaster ARD.
The company sued producers of Birkenstock-like footwear at a regional court in Cologne, which initially granted them the right to label their contoured cork footbeds as works of art.
But a higher court in Cologne rejected the claim, saying mere handicraft wasn’t enough to claim there was an artistic idea behind the object’s design.
Birkenstock appealed, but the Federal Court of Justice ruled the higher court had been correct in saying the company had failed to prove the design of the sandal was based on artistic considerations. “For copyright protection, a degree of design must be achieved that shows individuality,” the court stated.
After the ruling the company expressed disappointment but said it would continue to take legal action against imitators of their sandals.
