Birkenstock Loses Copyright Case Over Sandals

Germany’s Federal Court of Justice has ruled that Birkenstock sandals do not qualify for copyright protection, as they are considered functional design rather than works of art. This ruling dismisses Birkenstock's lawsuit against competitors Tchibo and others, who were accused of selling similar styles. The court's decision aligns with earlier lower court rulings, emphasizing that the sandals' designs are primarily driven by technical needs and lack the artistic creativity required for copyright protection. Birkenstock, which has evolved from an orthopedic footwear company to a fashion icon, had sought to prevent copycat products from being sold, arguing that its sandals are iconic. Despite this legal setback, the company has reported strong financial performance and aims for continued growth. The ruling underscores a legal distinction in German law where functional designs do not receive the same level of protection as artistic works.