Birkenstock sandals are not art, a German court rules in copyright case

• A German court has ruled that Birkenstock sandals are not a form of art. Birkenstock had sought to classify its shoes as art to be afforded copyright protections.
• In Germany, copyright protections last 70 years, while design protections only last 25.
• The company wanted to prevent its competitors from making similar shoes, and have those products destroyed.

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While many people may consider fashion a form of art, one German court does not agree. Birkenstocks may be the go-to choice of footwear for everyone from Barbie to Hollywood A-listers, but one judge said they’re still just shoes.

Why was this a legal issue?

In a court filing, Birkenstock claimed its footwear could be classified as art, and therefore protected by copyright law, as its competitors looked to make their own versions of the sell-out sandal.

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Under German law, art is covered by copyright protection, which lasts for 70 years after the creator’s death, while design protection only lasts 25 years from when the filing was made.

What was Birkenstock’s argument?

Known for its orthopedic qualities, Birkenstock argued in a German federal court that other shoe companies were essentially selling “knock-off” versions of what it calls its “iconic design.”

Birkenstock asked that similar products sold by the German retailers Tchibo and Shoe.com, as well as Danish retailer Bestseller, be pulled from the shelves and destroyed.

What did the judge say?

The judge ruled against Birkenstock, putting an end to a legal battle that began in May of 2023.

“For copyright protection to apply, there must be such a degree of design that the product displays some individuality,” the judge said.

Birkenstock called the ruling a “missed opportunity for the protection of intellectual property.”