Birkenstock Sandals Aren’t Art, Says German Court: What It Means for Fashion and Copyright?

Birkenstock sandals—the comfy, chunky shoes loved by hippies, fashionistas, and even Barbie—just lost a major legal battle. Germany’s top court ruled that Birkenstocks aren’t art, meaning they can’t be protected by copyright. This decision lets competitors like Tchibo sell similar styles, and it’s sparking big questions about how brands can protect their designs. Let’s break it down.

Birkenstock argued that its sandals are more than just shoes—they’re a work of art. The company wanted copyright protection to stop competitors from copying its iconic designs. But the court said no. Why? Because under German law, art has to show a high level of creativity, and Birkenstocks are, well, shoes. They’re practical, not artistic.

This means Birkenstock can’t use copyright law to stop others from making similar sandals. And since some of its designs are over 25 years old, they’re no longer protected by design patents either. Ouch.

Here’s the deal:

• Design protection covers useful stuff, like shoes or chairs. But it only lasts 25 years.
• Copyright protection is for art—like paintings or sculptures—and lasts 70 years after the artist dies.

The court said Birkenstocks are a design, not art. They’re meant to be worn, not hung in a gallery. This ruling is a big deal because it shows how hard it is for brands to protect their creations once design patents expire.

If you’re a fan of Birkenstocks, this might mean more options (and maybe cheaper prices) as competitors jump in with similar styles. But if you’re a brand owner, it’s a wake-up call. Protecting your designs isn’t easy, and you need to think ahead.

For Birkenstock, this isn’t the end. Their lawyer says they’ll keep fighting in court, arguing that their sandals are too iconic to copy. And let’s be real—Birkenstocks aren’t going anywhere. They’ve been around since 1774, and after that Barbie movie moment, they’re more popular than ever.

1. Act fast: Design protection doesn’t last forever, so make sure you secure your rights early.
2. Think beyond design patents: Explore trademarks or other legal tools to protect your brand.
3. Get expert advice: Intellectual property law is complicated, but you don’t have to figure it out alone.

If you’re a business owner or creator, protecting your designs is crucial. At KOREJZOVA LEGAL, we specialize in helping brands navigate intellectual property law. Whether you’re dealing with copyrights, trademarks, or design patents, we’ve got your back.

Call us today to schedule a consultation. Let’s make sure your creations are protected—because your brand deserves it!

Text: „Birkenstock Sandals Are Pieces of Design, Not Art, Court Finds". Reuters, 20. únor 2025. www.reuters.com, https://www.reuters.com/business/retail-consumer/birkenstock-sandals-are-pieces-design-not-art-court-finds-2025-02-20/.

Photo: aaronisnotcool - https://www.flickr.com/photos/7851526@N08/3378109744