On February 21, 2025, Germany’s Federal Court of Justice (BGH) ruled that Birkenstock sandals cannot be considered works of art and are not eligible for copyright protection. This decision may make it more difficult for Birkenstock to protect its designs and combat counterfeit products.
The court stated, “For a creation to be recognized as an artistic work, it must reflect the individual originality of its creator. Birkenstock’s sandal designs are primarily functional and do not meet this artistic standard.” This ruling reignites debates over whether fashion and industrial design should receive copyright protection.
Birkenstock argued that its brand identity and design are widely recognized and that its unique form and structure differentiate it from competitors. However, the court ruled that “copyright protection is only granted when a specific artistic concept is applied, and widely used design elements alone do not qualify for such protection.”
This ruling is expected to have a broad impact on the fashion and industrial design industries, potentially reshaping future brand protection strategies.