BGH Rules Birkenstock Sandals Are Not Works of Art, Denying Urheberrecht Protection

The German Federal Court of Justice determined that the iconic sandals lack the artistic creativity required for copyright protection, allowing competitors to continue selling similar designs.

The Federal Court of Justice (BGH) in Karlsruhe ruled that Birkenstock sandals do not qualify as works of applied art and are not protected by copyright law.
The decision upheld prior rulings from the Cologne courts, which found that the sandals lack the necessary artistic individuality and exceed functionality requirements.
Birkenstock had sought to prevent competitors, including Tchibo and Bestseller, from selling similar sandal designs, claiming a violation of Urheberrecht (copyright law).
The ruling noted that while the sandals are design classics, their creative scope is limited by functional and technical constraints, precluding them from copyright protection.
Birkenstock plans to continue legal efforts in other jurisdictions and may escalate the case to the European Court of Justice, citing differing copyright standards across EU nations.