Birkenstock: the famous sandals are not works of art, decides German justice

Unfortunately you do not have a collection room in your shoe closet. German justice decided on Thursday that Birkenstock sandals cannot be considered works of art. This is a setback inflicted on the German brand which required the protection of copyright for its products.

In a judgment rendered this Thursday, the German Federal Court of Justice, the highest civil body in the country, closed a judicial saga started in May 2023. The world famous shoe manufacturer had then filed a complaint against the German fashion brands Tchibo and Shoe .com as well as against the Danish bestseller. Birkenstock reproached them for selling models similar to his own and demanded that they be removed from the sale and destroyed.

“Earning money on the back of our brand”

After a failure before the Cologne Court of Appeal in 2024, Birkenstock had appeared in the cassation with the German Federal Court. This agreed to the court of appeal Thursday, noting that “technical requirements, rules or other constraints determine the design” of the Birkenstock sandals.

“We want to ensure that the copiers can no longer earn money on the back of our brand,” reacted the spokesperson for the company Jochen Gutzy. He recalls that similar disputes are underway in France, the Netherlands, Denmark and Switzerland, and that a decision of the European Court of Justice is also expected.

On the New York Stock Exchange, the title Birkenstock ended 0.51 % on Wednesday evening, at 54.69 euros. Over a year, the course dropped by 3.48 %. Founded in 1774, Birkenstock is famous for its model of leather strips and Liège sole. In 2021, the brand was bought by an investment fund associated with the world leader in luxury LVMH which introduced it on the stock market in 2023.