The Federal Court of Justice (BGH) has announced a decision in the process between the Shoe.com and Birkenstock belonging to the Wortmann Group. On January 9, negotiations on the copyright protection of the Birkenstock models Arizona and Giza began. The Shoe.com was right. It is therefore clear that copyright cannot be used to protect the mules. Like the OLG Cologne, the BGH came to the conclusion that the required artistic achievement could not be recognized. A work of applied art requires an originality that not only shows a trend or a perfect manual performance, but the individuality of the creator.
Jens Beining, managing partner and CEO Der Wortmann Schuh-Holding KG, explains: “With today’s judgment, not only the Wortmann group wins, but the entire shoe and fashion industry. Copyrights remain up to 70 years after the death of the Creator and represent a difficult -to -calculate risk in the development of new models. In the event of the procedure in other ways, the claimant’s exposure burden would have been significantly reduced in relation to the required artistic activity, which was compensated for an alignment of design law and copyright with inconceivable consequences for the fashion industry. The decision of the BGH strengthens the industry and once again confirms that it is worthwhile to stand up for your own position. ”