Famous Birkenstock sandals cannot be considered works of art, ruled a German court on Thursday, dealing a setback to the German brand seeking copyright protection for its products.
The German Federal Court of Justice, the country’s highest civil court, delivered the ruling on Thursday, concluding a legal battle that began in May 2023.
The globally renowned footwear manufacturer had filed a lawsuit against German fashion retailers Tchibo and shoe.com, as well as Danish retailer Bestseller.
Birkenstock accused them of selling models similar to its own and demanded their removal from sale and destruction.
After a defeat at the Cologne Court of Appeal in 2024, Birkenstock appealed to the Federal Court.
The Federal Court upheld the appeal court’s decision on Thursday, noting that “technical requirements, regulations, or other constraints determine the design” of Birkenstock sandals.
“For copyright protection, a certain level of creativity that demonstrates individuality must be achieved,” the court explained in a statement.
The court added that the creations of the company based near Bonn are “purely artisanal and use formal design elements.”
“We want to ensure that copycats can no longer profit from our brand,” said company spokesperson Jochen Gutzy in response.
Gutzy noted that similar legal disputes are ongoing in France, the Netherlands, Denmark, and Switzerland, and a decision from the European Court of Justice is also expected.
At the New York Stock Exchange, Birkenstock shares closed down 0.51% on Wednesday evening, at €54.69. Over the past year, the stock has dropped by 3.48%.
