Birkenstock sandals are not art, says German court

Birkenstocks do not qualify as works of art, the Federal Court of Justice, Germany's top civil court, ruled on 20^th February 2025. The Court said that works of art needed to show a certain amount of individual creativity, and Birkies didn’t do that.

And why, you may ask, is that remotely important?

Works of art are protected by copyright. Birkenstock wanted to stop rivals selling copycat versions by claiming its sandals were works of art and therefore protected by copyright. But Birkies were adjudged to be practical design items as opposed to art, meaning that copycat versions were not breaching copyright. Birkenstock was therefore only, in Germany, protected by design rights which expired long before copyright.

How long does copyright last compared to design rights?

Art, covered by copyright protection, lasts for 70 years after the creator's death, whereas design protection only lasts for 25 years from filing for that protection. Creator Karl Birkenstock, born in the 1930s, is still very much alive, but since some of his sandals no longer enjoy design protection, the company tried for copyright protection instead.

Are Birkenstocks big business?

Yes they are. The company listed on the New York Stock Exchange in 2023 with a valuation of US$8.6 billion. The sturdy sandals with a moulded footbed come in multiple colours and strap styles and have evolved hugely since the original simple one-colour leather 1960s version. Birkenstocks are seriously hip, seen in pink as worn by Margot Robbie in the recent Barbie film.

How does this impact me?

If you think someone is ripping off your design, infringing your copyright, passing their goods off as yours, or you have been accused of any of those things, please do get in touch with our intellectual property expert Brian Levine on 01935 846 258 or brian.levine@battens.co.uk.