Birkenstock Loses Copyright Art Case

Germany's Germany — Federal Court of Justice ruled that Birkenstock's sandals cannot be considered copyright-protected works of applied art. Birkenstock had filed a lawsuit against three unnamed competitors for selling similar sandals, arguing that its designs deserved stronger intellectual property protection. While a regional court in Germany — Cologne initially sided with Birkenstock, Germany — Cologne's higher regional court overturned the decision, stating it found no artistic achievement in the sandals. The Germany — Federal Court of Justice upheld the appeals court's ruling, emphasizing that a product cannot be copyrighted if its design is primarily determined by technical requirements or functionality rather than individuality. This decision has implications for intellectual property law in Germany, particularly for consumer products.