Germany’s Federal Court of Justice ruled on February 20, 2025, that Birkenstock sandals do not meet the requirements for copyright protection as works of applied art, as a sufficient level of artistic creativity must be achieved, allowing for the recognition of individuality beyond functional or technical limitations.
The case concerns four Birkenstock sandal models that the German shoe company sought to protect under copyright law.
In three appeal proceedings (I ZR 16/24, I ZR 17/24, I ZR 18/24), Birkenstock argued that its designs met the threshold for copyright protection but the court rejected these claims. Birkenstock, for its part, criticized the decision and announced that it hopes for further answers from the EU’s highest court.
The full decision is expected to be published within the coming weeks.
For the summary of the decision visit here.