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Birkenstock’s sandals are not sufficiently artistic to enjoy copyright protection

The IPKat

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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Industrial Design under The Design Act, 2000

IP and Legal Filings

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Design 97
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Choosing the Right Intellectual Property Protection

IIPRD

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors. For example, the shape of Coco-Cola bottle is registered as an industrial design.

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Copyright for AI-generated works: a task for the internal market?

Kluwer Copyright Blog

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living.

Marketing 116
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German Federal Supreme Court reject copyright protection for Birkenstock sandals.

Kluwer Copyright Blog

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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Protection of Jewellery under Intellectual Property Rights

Biswajit Sarkar Copyright Blog

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

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German Federal Supreme Court rejects copyright protection for Birkenstock sandals.

Kluwer Copyright Blog

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.