German Court Considers Whether Birkenstock Sandals Qualify as Art

The Federal Court in Karlsruhe is evaluating if four Birkenstock models meet the criteria for copyright protection as applied art.

Birkenstock has filed lawsuits against competitors it accuses of copying its iconic sandal designs, including the Arizona and Gizeh models.
The company argues that its sandals are works of applied art and should be protected under German copyright law, which extends protection for 70 years after the creator's death.
Lower courts have been divided, with one ruling that the designs lack the creative originality required for copyright, while another found them to be innovative and influential in fashion.
The case hinges on whether the sandals' minimalist design reflects artistic intent or is purely functional and commercial in nature.
A ruling in favor of Birkenstock could strengthen copyright protections for functional design objects in Germany, with broad implications for similar cases.