As said on Thursday (20.02.2025) BGH, flaps Birkenstock is not entitled to far -reaching copyright protection, because they are not a work of utility art. Competitors against which Birkenstock filed a lawsuit can continue to sell their own shoes.
Specifically, it was four models: three types of flip -flops and clogs. Tchibo, Danish fashion company Bestseller and Shoe.com – a subsidiary of Wortmann Group, offered similar products. Birkenstock went to court to be sure that this footwear will no longer be sold, but will be withdrawn and liquidated. Copyright was relied on. Works of applied art, i.e. everyday items recognized as art, are protected for up to 70 years from the death of the creator. On the other hand, design protection applies only up to 25 years after registration. Karl Birkenstock invented health flops in the 1960s. Birkenstock currently belongs to the French group of LVMH luxury goods.
A work of applied art? NO
Birkenstock's complaint before the University Court in Cologne (OLG) in January 2024 ended in a failure. Appeal against judgment In Cologne, he was now rejected by BGH, who found no legal errors in OLG's decision.
The tribunal from Karlsruhe decided that the premises for the recognition of flip -flops as a work of applied art were not met. Although they were classics of design, the creative scope of design was limited by their purpose, i.e. enabling healthy walking.
As explained by judge chairman Thomas Koch, a work of applied art must be a personal intellectual product. Therefore, the creator's personality must find a reflection in the project. However, if technical requirements or other restrictions determine the project, then free and creative creativity is excluded.
“They earn on our brand”
The company's representatives did not hide their indignation after the verdict was announced. They pointed out that similar legal disputes are taking place both in Germany and in France, the Netherlands, Denmark and Switzerland.
“We want to be sure that followers will no longer be able to earn on our brand,” said spokesman Jochen Gutza. Birkenstock believes that the decision of the European Court of Justice in Luxembourg in this matter is already very late.
On the other hand, the spokesman for Tchibo, Arnd Liedtke, said: “We are glad that the Federal Court of Justice confirmed the judgment of the lower court and thus made an important and groundbreaking decision in the field of copyright.”
The article comes from the website Deutsche Welle