Federal Court of Justice decides in Birkenstock case
From January 9th, the 1st Civil Senate of the Federal Court of Justice will be talking about shoes. The Senate must decide on the copyright protection of Birkenstock sandals in three appeal proceedings (IZR 16/24, IZR 17/24 and IZR 18/24). In recent months, the Birkenstock Group has taken action against companies that bring models comparable to Birkenstock shoes onto the market. Birkenstock argues that the company’s sandals are copyrighted works of applied art. The products of the defendant companies therefore violated existing copyright law. Birkenstock demands that these providers cease and desist, provide information, destroy or recall products, determine liability for damages and reimburse warning costs.
The Cologne regional court initially ruled in favor of Birkenstock in the three cases. The relevant judgments were made in May 2023. In the appeal proceedings, the Cologne Higher Regional Court then rejected the lawsuits in January 2024 and argued that the plaintiff’s sandal models were not copyrighted works of applied art. They did not meet the requirements for a work set by the Court of Justice of the European Union and the Federal Court of Justice. Shoe models must represent an artistic achievement in order to enjoy copyright protection. This is not the case with the footbed mules from Birkenstock. The creative scope is limited by the intended use of a health sandal that is oriented towards the natural gait. Artistic decisions could not be derived from the objective appearance of the sandals. The case will now be finally resolved before the Federal Court of Justice.
