Birkenstock’s bid to crown their iconic sandals as ‘art’ shot down

They may be the trendy footwear of choice for Hollywood A-listers and pop stars, but Birkenstock sandals are not works of art, Germany’s top court ruled Thursday.

The German sandal maker had sought a ruling that its footwear, known for its cork and latex soles, could be classified as art and thus afforded strong copyright protections.

The company, whose sandals have transformed from unglamorous footwear to coveted fashion items over the years, wanted to stop three of its competitors from selling similar products.

It wanted the products of the trio – German retailers Tchibo and shoe.com, as well as the Danish retailer Bestseller – removed from the shelves and destroyed.

Court says Birkenstock’s sandals lack individuality

However, the Federal Court of Justice in Karlsruhe sided with a lower court’s judgement, ruling that Birkenstock’s sandals could not be considered “copyrighted works of applied art”.

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

“Pure craftsmanship using formal design elements” was not enough, said the court, bringing a close to a legal saga that began in May 2023.

Despite the ruling, Birkenstock defended bringing the case.

“We want to ensure that copycats can no longer make money at the expense of our brand,” said company spokesman Jochen Gutzy.

Footwear firm’s rise to fame

Birkenstock has grown into a global footwear titan. It was founded in 1774 in a small community in southwest Germany as a firm focused on making orthopaedic footwear.

Its sandals are popular among VIPs, and singers Katy Perry and Britney Spears have worn them in recent years.

They also appeared in the hit 2023 movie Barbie, where actress Margot Robbie swapped high heels for a pink pair.

In 2021, the Birkenstock family sold its majority stake in the group to LVMH-linked equity firm L Catterton and French billionaire Bernard Arnault’s family holding Financiere Agache.

It launched an international public offering on the New York Stock Exchange in 2023.

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