On Thursday, February 20, 2025, the First Civil Senate of the Federal Court of Justice (BGH) decided in three revision proceedings (decisions of February 20, 2025 - I ZR 16/24; I ZR 17/24; I ZR 18/24) that various sandal models of the Birkenstock Group do not enjoy copyright protection as works of applied art under Section 2 (1) no. 4, para. 2 UrhG.
In the previous court instances, the Birkenstock Group, as the claimant, had taken action against the defendants for injunctive relief, information, damages, and the recall and destruction of their sandals. The claimant argued that its sandal models were protected by copyright and that the defendants' offers constituted an infringement of that copyright.
The Regional Court (LG) Cologne (judgments of May 11, 2023 - 14 O 39/22; 14 O 41/22; 14 O 121/22) initially granted the claims, however, the Higher Regional Court (OLG) Düsseldorf (decisions of January 26, 2024 - 6 U 85/23; 6 U 86/23; 6 U 89/23) rejected them in the court of appeal and denied copyright protection of the sandal models. The Federal Court of Justice has now confirmed the decisions of the OLG Düsseldorf and stated that the existing scope for creative design had not been sufficiently exhausted in an artistic manner to grant the copyright protection to the sandal models. The purely technical creation using formal design elements does not fall under the protection of copyright law.