'Not art': Why Birkenstock, popular sandal maker, lost copyright protection bid

To buy or not to buy is a question that has often surrounded the popular sandals of German shoe manufacturer Birkenstock, which some claim are a symbol of counterculture and unmatched comfort while some are of the opinion that the footwears are overpriced.

Birkenstock sandals have progressed from their humble origins to footwears being advised by medics and have also evolved into a status symbol.

While Birkenstock's popularity continues to rise, the company behind the highly sought after sandal faces complex legal battles to protect its iconic designs.

'Birkenstock sandals not entitled to copyright protection'

In a ruling on Thursday, February 20, Germany’s highest civil court ruled that Birkenstock sandals, though considered iconic, do not qualify as works of art and therefore are not entitled to copyright protection.

Germany's Federal Court of Justice dismissed a lawsuit filed by Birkenstock to prevent competitors, such as Tchibo, from selling similar models.

"The claims are unfounded because they (the sandals) are not copyright-protected works of applied art," a Reuters report quoted presiding judge Thomas Koch.

Birkenstock exploring other legal options

In German law, the legal distinction between design and art lies in a product's purpose, according to the Reuters report, which added that design serves a functional purpose, while applied art must exhibit distinct artistic creativity.

Under German law, copyright protection is valid for 70 years after the creator's death, while design protection hinges on the product's lifespan and ends after 25 years.

Birkenstock, founded in 1774, has seen many changes, including the decision to sell a majority stake to the US private equity firm L Catterton, backed by luxury titan Bernard Arnault's LVMH group.

This shift marked a new chapter for the company, which went public in 2023, with L Catterton remaining the largest shareholder.

While Birkenstock's sandals have become a trendy fashion item, popularized by celebrities like Australian actress Margot Robbie in the 2023 film Barbie, the court decision places them in the category of design rather than art.

With some of the sandals now outside the protection of design law, Birkenstock's legal team is reportedly exploring further litigation. Konstantin Wegner, Birkenstock's lawyer, says company plans to add more arguments in future proceedings, stating, “We want to add arguments in these pending proceedings."