German court rules Birkenstock sandals are not art

A German court has ruled that Birkenstock sandals do not qualify as artistic works, rejecting the company's attempt to have its footwear protected under copyright law.

The well-known brand argued that its signature cork-soled sandals should be considered art, providing stronger legal safeguards against imitation products. 

However, the court dismissed this claim, stating that the shoes are functional designs rather than creative works. Birkenstock expressed disappointment with the decision, calling it a "missed opportunity" for intellectual property protection.

Once considered unfashionable, Birkenstock sandals have surged in popularity over the years. Their appeal was further boosted when actress Margot Robbie sported a pink pair in the closing scene of the 2023 Barbie film. Known for their contoured footbeds and durable build, the sandals have evolved significantly from their original 1960s leather-strapped design.

Despite initially being overlooked in the fashion world, Birkenstocks gained traction, earning a stamp of approval from supermodel Kate Moss in the 1990s and even appearing at prestigious events like the Academy Awards. The company went public on the New York Stock Exchange in 2023, with a valuation of approximately $8.6 billion—twice its worth in 2021.

Due to their widespread appeal, counterfeit versions of Birkenstocks have become common, leading the company to pursue legal action against three manufacturers and retailers, aiming to protect four of its sandal models.

Under German law, a clear distinction exists between design and art. While designs serve functional purposes and receive protection for 25 years after registration, artistic works require a significant degree of creative originality and are protected by copyright for 70 years after the creator's death.

Karl Birkenstock, the shoemaker behind the brand, is still alive, but some of the firm's designs have lost their original design protection. This prompted the company to argue that its sandals should be classified as art to extend their legal safeguarding.

However, the court ultimately rejected this argument. Presiding judge Thomas Koch stated that copyright protection requires a high level of creative individuality, which the sandals did not meet.

In response to the ruling, Birkenstock reaffirmed its commitment to combating counterfeit products, stating that it would continue using all available legal measures to protect its designs.

The decision by Germany's Federal Court of Justice is final, following mixed rulings from lower courts—one of which initially sided with Birkenstock before a second court overturned that decision.