Birkentstock’s Legal Battle: Why the German Sandal Brand Lost Its Case Against Counterfeits
Daniel Kim Views
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Birkenstock — the German brand famous for its cork-footbed sandals and the pair Margot Robbie wore in Barbie — sued to have its shoes recognized as works of art and to ban counterfeits. It lost. On the 20th (local time), local media reported that the German Federal Court of Justice ruled against Birkenstock in a case it brought against three competitors seeking to prohibit knockoff sales and to have already produced copies destroyed.
Birkenstock argued its sandals qualify as applied art and should receive copyright protection. The court disagreed, saying a design must show a recognizable level of individuality to qualify for copyright. Local outlets interpreted the ruling to mean a product needs creative elements that go beyond mere function — design that exceeds utility — to be considered art. Earlier, the Cologne Higher Regional Court also dismissed Birkenstock’s claim, finding the sandals emphasize health benefits rather than aesthetic design.
The reason Birkenstock pushed the artistic claim is practical: the design protection period for some models has expired. Under current German law, design protection lasts 25 years, while copyright protection for applied art continues for 70 years after the creator’s death. Karl Birkenstock, who launched the first model, the Madrid, in 1963, is now 89 and still alive, but some of the sandals he originally designed no longer enjoy design protection.
Calling the decision a missed chance to protect intellectual property, Birkenstock said it will \”use every legal means\” to defend itself against imitators and signaled more lawsuits are coming.
Owned by luxury group Louis Vuitton Moët Hennessy (LVMH), Birkenstock sparked a U.S. craze after Margot Robbie wore its sandals in the 2023 film Barbie. U.S. sales grew to account for as much as 58% of revenue, and the company is listed on the New York Stock Exchange — though most of its products are still made in Germany.
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