What if Your Birkenstock Sandals Were Still Regarded as Art?
Patents and, more generally, intellectual property (IP) are powerful competitive intelligence tools. However, you should not leave it to your lawyers when IP becomes a token in competitive activities. In this context, strategists, product managers, and business developers need to understand how to apply IP laws—whether protection or attack is on your company’s agenda.
Birkenstock lost a case claiming that three competitors were using its iconic sandal design. This case illuminates the dilemma between copyright law and industrial design/brands, particularly in the context of functional products. The German Federal Court’s ruling on February 20, 2025, underscores how copyright law—which protects artistic works—interacts with designs primarily driven by utility.
Some lessons learned from the Birkenstock case include the following:
- Copyright Law Limitations: Product managers should recognize that copyright may not cover functional designs driven primarily by practicality.
- Patent and Design Law as Competitive Tools: Companies should prioritize design patents and design protection for products that combine functionality with aesthetics. Under German law, new and individual designs may be protected for up to 25 years.
- Trademark Law for Brand Protection: Brands should invest in robust trademarks to safeguard distinctive product shapes and features. For example, Samsung and Apple have engaged in significant litigation over smartphone design elements.
- Regional Differences in IP Strategy: The Birkenstock ruling highlights Germany’s high copyright threshold, which contrasts with the EU’s more lenient standards. Brands must adapt their IP strategies accordingly. Furthermore, when Asian competitors enter these markets, European companies should analyze the IP implications in advance.
- Start Your IP Strategy Early: Prior to the 2025 ruling, two German lower courts had already ruled on this case. Notably, a lower court in Cologne sided with Birkenstock’s claim in 2017 by recognizing four of its sandals as works of art. Consider the significant resources required to contest such issues on an international stage.
Join Our ICI-35 Workshop: If you are interested in developing intellectual property strategies within competitive intelligence, consider our ICI-35 workshop. This remote workshop is tailored for professionals without a legal background.
Further Reading: The Guardian. (2025, February 20).
Birkenstocks are not works of art, top German court rules in copyright case. https://www.theguardian.com/world/2025/feb/20/birkenstocks-are-not-works-of-art-top-german-court-rules-in-copyright-case
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