Birkenstock sues several brands for copying its viral cork sandals
10 Jan 2025

Birkenstock, the famous German footwear brand famous for its cork-based sandals, has taken legal action against alleged imitators.

The company has filed three separate lawsuits alleging copyright infringement. The defendants in these cases include Tchibo and other brands accused of selling products eerily similar to Birkenstock's designs.

This legal battle is now set to be adjudicated by Germany's federal court of justice.

Birkenstock's legal argument: Sandals as 'works of applied art'
Legal stance

The legal team of Birkenstock argues that the company's shoes should be classified as "works of applied art."

They argue that copyright law provides exclusive usage rights to the creators of these sandals, just like rights given to artists or creators in other fields.

The lawyers cite precedents where German inventions such as the Porsche 356 car have been protected under this law.

Birkenstock's iconic models at the center of dispute
Model dispute

The legal battle mainly centers around four particular models of Birkenstock's sandals, which the company argues are the most closely tied to its brand.

These include the Arizona model, a two-strap design famously donned by late Apple founder Steve Jobs and featured in the Barbie movie.

Other disputed designs are the Gizeh model, often sported by Heidi Klum; Madrid model favored by Sarah Jessica Parker; and Boston Clog sported by Kendall Jenner.

Case reaches Germany's highest court after conflicting rulings
Court progression

The case has now reached Germany's highest court after two contradictory rulings on whether the term "applied art" could be applied to Birkenstock's footwear.

Cologne's higher regional court had earlier failed to recognize any artistic merit in the sandals.

A final ruling from the federal court of justice is still pending, leaving the future of Birkenstock's iconic designs uncertain.