Birkenstock Sandals Not Considered Art by German Court

Wed Mar 12 2025 17:55:15 GMT+0200 (Eastern European Standard Time)
Birkenstock Sandals Not Considered Art by German Court

A German court has ruled that Birkenstock sandals, despite their rise in popularity, do not qualify as works of art and hence are not eligible for copyright protection.


In a recent ruling, a German court decided that Birkenstock sandals, once seen as unfashionable, cannot be classified as art. The footwear company had sought copyright protection against copycat versions by arguing its sandals were artistic creations. However, Judge Thomas Koch found the claim "unfounded," stating that the sandals are practical design items. Although Birkenstocks experienced a resurgence in popularity, especially after being featured in the Barbie movie, the court clarified the distinction between practical design and artistic creativity, with the former focusing on functionality. With the sandals' design no longer fully protected, Birkenstock's plans to safeguard its iconic style from imitation were thwarted, emphasizing the balance in copyright regulations for art versus design.


Birkenstock’s claim to artistic recognition was dismissed, reinforcing legal definitions around design versus art in Germany. The company must now navigate a competitive landscape as its iconic sandals are frequently copied, without the protection they sought through this legal avenue.

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