Portugal Colonial - Birkenstock sandals are not art, German court rules

The German sandal maker had sought a ruling that its footwear, known for its cork and latex soles, could be classified as art and thus afforded strong copyright protections.

The company, whose sandals have over the years transformed from unglamourous footwear to coveted fashion items, wanted to stop three of its competitors from selling similar products.

It had wanted the products of the trio -- German retailers Tchibo and shoe.com, as well as the Danish retailer Bestseller -- to be pulled from the shelves and destroyed.

But the Federal Court of Justice in Karlsruhe sided with the judgement of a lower court, ruling that Birkenstock's sandals could not be considered "copyrighted works of applied art".

"For copyright protection to apply, there must be such a degree of design that the product displays some individuality," the court said.

"Pure craftsmanship using formal design elements" was not enough, said the court, bringing a close to a legal saga that began in May 2023.

Despite the ruling, Birkenstock defended bringing the case.

"We want to ensure that copycats can no longer make money at the expense of our brand," said company spokesman Jochen Gutzy.

Founded in 1774 in a small community in southwest Germany as a firm focused on making orthopaedic footwear, Birkenstock has grown into a global footwear titan.

Its sandals are popular among VIPs, with singers Katy Perry and Britney Spears donning the footwear in recent years.

They also appeared in the hit 2023 movie "Barbie" when actress Margot Robbie swapped high heels for a pink pair.

In 2021 the Birkenstock family sold its majority stake in the group to LVMH-linked equity firm L Catterton and French billionaire Bernard Arnault's family holding fund Financiere Agache.

It launched an international public offering on the New York Stock Exchange in 2023.

E.Paulino--PC