No works of art
BGH: No copyright protection for Birkenstock sandals
Cork sole, buckle, leather straps: The Birkenstock sandals have long since developed into a trendy shoe. But is it also a work of art and is therefore protected by copyright? The BGH says: No.
The Federal Court of Justice (BGH) in Karlsruhe has decided that Birkenstock sandals are not copyrighted works of applied art. A purely craftsmanship with formal design elements is not sufficient for copyright protection, the court emphasized. Rather, a freedom of design must be artistically exploited to a certain extent. This was not found in the Birkenstock sandals. (Az. I ZR 16/24 UA)
Birkenstock had sued three competitors sold similar shoe models to their own. The fashion company, headquartered in Linz am Rhein in Rhineland-Palatinate, saw a violation of copyright in the alleged imitations. Because in his view, the sandals are protected works of applied art.
BGH confirms judgment from Cologne
The Higher Regional Court (OLG) Cologne already saw it differently. It decided in 2024 that the sandals did not meet the requirements for a work. An artistic achievement cannot be determined. Birkenstock’s revisions against the judgments from Cologne were now unsuccessful. The OLG dealt with all the characteristics that, according to Birkenstock, established copyright protection, according to the BGH. The conclusion of the legal error was that such could not be determined.
Copyright gives the creator the exclusive right of use at his work. The protection remains up to 70 years after the author’s death. Karl Birkenstock – the inventor of the Birkenstock sandals – is still alive. In contrast to design law, there is also no formal entry in a register for copyright protection.
dpa
Source: Stern
