The courts in Germany have ruled that Birkenstock’s wide -strapped big buckled sandals are not protected by copyright. The German shoe manufacturer well-known for its cork and latex soles wanted to take a step towards tackling copycat competitors, but rather it has taken two steps back. Birkenstock filed the claim against three retailers, Tchibo, shoe.com and Bestseller, which were selling similar products.
Initially, a regional Court in Cologne ruled in favour of the claim, and recognised applied art in the shoes. However, on appeal this judgment was overturned by Cologne’s higher regional court, which is the decision that the Federal Court of Justice sided with upon further appeal. The higher courts disagreed and held there was no artistic achievement, and thus could not be protected by copyright on the basis that technical requirements, rules or other constraints, determined the design rather than applied art. The courts confirmed that for copyright to apply “there must be such a degree of design that the product displays some individuality”, and that “pure craftsmanship using formal design elements” was insufficient. It is clear that German copyright law is in favour of protecting works of art more than consumer products.
Consequently, Birkenstock’s request for an injunction to stop the competitors from making imitations of the sandals, and recall and destruction of the products already on the market.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
