Birkenstocks Declared Unartistic: German Court Rejects Copyright Bid

Birkenstocks will not be recognized as works of art under copyright law, as a German judge determines they serve a practical purpose.

Birkenstock sandals may be a trendy choice at summer gatherings and even featured in high-profile films, but a recent ruling from a German court has declared that they do not qualify as works of art deserving copyright protection. This decision came about after the company sought to classify its iconic cork-soled footwear as art to guard against competitors producing imitation styles.

In a judgment delivered by Judge Thomas Koch, the claim was dismissed on the grounds that Birkenstocks are fundamentally practical design items and do not fulfill the criteria for artistic works. "For copyright protection, a degree of design must be achieved that shows individuality," Judge Koch stated, making it clear that the sandals lacked the necessary attributes for such recognition.

The rise of Birkenstocks from what was once an unfashionable choice has been significant. Their popularity skyrocketed recently, in part due to actress Margot Robbie sporting a pair in the closing scenes of the blockbuster Barbie movie. The sandals, which feature a unique moulded footbed, have matured over the decades, boasting numerous color combinations and strap styles since their original leather design introduced in the 1960s.

The company noted a remarkable growth trajectory, evidenced by its listing on the New York Stock Exchange in 2023, achieving a valuation of approximately $8.6 billion, which is double its worth from just two years prior. Yet, the rising popularity of Birkenstocks has also led to a surge in knock-off versions by rival companies, prompting the firm to pursue copyright protections based on their claim of "iconic design."

Under German law, there is a distinction made between design and art—design is deemed functional, while art must exhibit a degree of creative individuality for it to receive copyright protection. While many of Birkenstock's design patents have expired or are nearing expiration, the firm aimed to secure artwork status to prolong their protective rights, but the court ultimately ruled this endeavor as “unfounded.”

As the sandals continue to dominate the market, the ruling highlights the ongoing tension between design innovation and the legal protections afforded by copyright law.